QUESTION
Am I still entitled to half the property in the event of a divorce?
Asked on Dec 12th, 2012 on Divorce - California
More details to this question:
The building is in his name only. He claims the 10% he put down on the house was monies inherited by his father. We lived together for nine years, monies kept separate but everything divided.
13 ANSWERS
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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It is a question of being able to trace the funds and application of Texas marital property law. I suggest you hire a lawyer to explain the details.
Answered on May 23rd, 2013 at 10:48 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will need an attorney to assist you in receiving what you are due. Generally you are entitled to half of what was gained or accumulated during the marriage by both parties but there are exceptions and at devil is in the details. Get counsel.
Answered on Dec 17th, 2012 at 1:48 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You are entitled to one-half of all marital equity in the property. That is any money you and he put into the property during the marriage, regardless of who put it in, as long as the money was earned during the marriage.
Answered on Dec 17th, 2012 at 1:11 PM
He is entitled to the 10% he put down but you are entitled to one-half the balance of the equity in the building. Please see a lawyer to protect your rights on this kind of issue. It does get complicated.
Answered on Dec 14th, 2012 at 12:59 PM
It depends. If he used community money to pay for the building then you have a community property interest in his separate property.
Answered on Dec 14th, 2012 at 12:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It sounds like he kept his inheritance separate from the community. If that is the case, then you generally are not entitled to participate in that property. As for the house, it sounds like that is community property and, at a minimum, you should be entitled to the increase in value for the nine years that you were married. However, as in all things legal, the real answer depends on the actual facts. Your question cannot be answered without a more thorough understanding of the facts.
Answered on Dec 14th, 2012 at 12:37 PM
You clearly need to talk to a lawyer about this matter. The down payment might be separate property, but if community property, such as either of your incomes, were used to pay the mortgage on the building you may have a community property interest in the building and its contents.
Answered on Dec 14th, 2012 at 12:37 PM
If he can prove down payment was inheritance then he can be reimbursed for that. If all other payments were made with income earned during the marriage then the remainder of the property is community and will be divided equally between the spouses.
Answered on Dec 14th, 2012 at 12:37 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You are entitled to an equitable division of all marital assets. He may claim the down payment as his property but all other increase in value can be split.
Answered on Dec 14th, 2012 at 12:36 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The building may be his but you may have an interest in it. Get an attorney to help you.
Answered on Dec 14th, 2012 at 12:36 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You probably have an equitable interest in the asset. But you will need to hire an attorney.
Answered on Dec 14th, 2012 at 12:36 PM
Everything that has been accumulated during the marriage is marital property, regardless how titled. The issue of inheritance is a separate matter. So depending on the specifics, he may be right. You need to consult with an attorney.
Answered on Dec 14th, 2012 at 12:35 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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In the event of divorce, the general rule is that the community property acquired during marriage will be split fairly and equitably.
Answered on Dec 14th, 2012 at 12:00 PM