QUESTION
Am I entitled to my husband's land even if there is a quitclaim already?
Asked on Nov 13th, 2013 on Divorce - New Jersey
More details to this question:
During marriage, my husband and brother inherited 160 acres. The two did not want to keep the land whole. They divided the property. Each brother who was married quitclaim deed the property with both husband and wife on the quitclaim deed to the other brother. Each couple then paid the inheritance tax. Continued to do so. Now 17 years later I am going through a divorce am I entitled to this land of 80 acres? I paid taxes filed jointly each year, and did a consolidated loan of all marital debts 5 years after this was quitclaim deed. I feel this is a gift from my husband. All proceeds were deposited in joint checking accounts throughout marriage.
5 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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It is essential that you consult with an experienced family law attorney in your area to review these facts. When you do bring with you whatever documentation you can, copies of deeds, county tax bills, tax returns, etc., so the attorney can properly advise you. From the general information you provide, and your facts, this real property generally appears to be community property which must be divided by the court.
Answered on Nov 19th, 2013 at 5:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a number of good arguments for having an interest in the land. Speak with your divorce lawyer, or get one. It just your property and your life.
Answered on Nov 14th, 2013 at 4:09 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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It would be my opinion that when the property was deeded to both you and your husband it became marital property and you would therefore be entitled to a portion of its value.
Answered on Nov 14th, 2013 at 12:24 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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There is no yes/no answer, the decision is for the Judge. You should ask for your interest in your pleadings, the worse the Judge can say is no.
Answered on Nov 14th, 2013 at 12:18 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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In the first place, your husband is only entitled to 80 acres. The brother owns the other 80 acres. The property is an inheritance. It was not acquired due to your efforts with your husbands. Therefore, the property is not subject to equitable distribution. If you can prove that the asset was co-mingled, then you may be entitled to some portion. You need to work with the attorney who is handling your divorce. This is a complex issue.
Answered on Nov 14th, 2013 at 12:17 PM