More details to this question:
I have been married for almost 13 years. My name has never been on deed! I did build on to home and contribute a lot to the home ! He refinanced home while we were married! If we divorce, what's are my rights to home and other assets? We have no children together! Does this matter?
10 ANSWERS
From the facts given, it appears that the home is community property and would be divided in a dissolution. Property division is not affected by whether or not you have children. You should consult a family law attorney to review all of the facts and advise you how to proceed.
Answered on Mar 21st, 2013 at 11:59 AM
Personal Injury Attorney serving Overland Park, KS
at
Ankerholz & Smith
Update Your Profile
In Kansas, the name of the owner on the deed does control the final disposition of the property. Kansas is an equitable property state, and the trial court can divide property as deemed fair. Because you contributed value to the house, it is likely you will be awarded some equity. Other factors may apply, such as premarital agreement terms. Consult an experienced family law attorney in your area.
Answered on Mar 21st, 2013 at 11:44 AM
Family Law Attorney serving Rolling Hills Estates, CA
at
John H. Sibbison, III Professional Law Corporation
Update Your Profile
Yes, under most circumstances, you will be entitled to an interest in the home. It does not matter if you have children.
Answered on Mar 21st, 2013 at 11:43 AM
John Arthur Smitten
Yes you would be entitled to one half the marital portion of the value of the home.
Answered on Mar 21st, 2013 at 11:43 AM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
Yes. You are entitled to a share of the equity during the marriage. Talk to an attorney to discuss your options further.
Answered on Mar 21st, 2013 at 11:42 AM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
All assets are considered marital
Answered on Mar 21st, 2013 at 11:41 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
You have a right to half of what was acquired during the marriage with exceptions for separate property. If your husband bought the home in his name alone prior to marriage, it is his separate property. However, the community should be reimbursed for principal paydown and a percentage of any appreciation. If the community paid for the improvement, that should be reimbursed also. It doesn't matter that you had no children together. See an attorney. The refinance issue adds more complexity to the amount the community can be reimbursed.
Answered on Mar 21st, 2013 at 11:41 AM
Yes, if community property was spent paying the mortgage on the home, you own a portion of the home pursuant to the Moore- Marsden line of cases. Consult with an attorney and advise him or her of all such monies. You are further entitled to a share of the property's appreciation.
Answered on Mar 21st, 2013 at 11:40 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You may be entitled to some of the value of the home. My guess is you will be entitled to one-half of any increase of value from the time you got married to the divorce. It sounds like it is part of the community, but he may be able to maintain its separate property status. Get an attorney and talk over the details with him or her.
Answered on Mar 21st, 2013 at 11:40 AM
Family Attorney serving Arlington, TX
at
The Nwokoye Law Firm
Update Your Profile
If the home was bought during marriage, then it is presumed a community property and thus 50/50 absent any evidence to the contrary. If the home was bought before marriage, it is presumed a separate property absent any evidence to the contrary. Separate properties can be subject to findings requiring the spouse owner to reimbursement the community estate or the other spouse of any contribution to its improvement and or increases in value. You maybe entitled to some value in the property depending on which facts apply in your situation.
Answered on Mar 21st, 2013 at 10:59 AM