QUESTION
Can my wife claim any property that is under my name if we get a divorce?
Asked on Sep 11th, 2012 on Divorce - Michigan
20 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes.
Answered on May 28th, 2013 at 8:15 PM
During a divorce, the marital estate is divided, usually about equally (50/50). That means anything acquired during the marriage regardless of whose name it is held in is divided equally. The spouse or the other regardless of the source. An experienced attorney can help you sort out this issue. Good luck!
Answered on Sep 21st, 2012 at 12:12 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Your are each entitled to one-half of all assets accumulated during marriage. It does not matter whose name the assets are in.
Answered on Sep 17th, 2012 at 6:17 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Equitable distribution requires parties to share assets beneficially acquired during the course of the marriage. In other words, what is yours is hers, and what is hers is yours except under some very strict sets of circumstances. For example, if the property was inherited; if the property was acquired and paid for before the marriage.
Answered on Sep 17th, 2012 at 6:16 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The name on the property does not control its division unless it was acquired before marriage or after separation.
Answered on Sep 17th, 2012 at 6:16 PM
Gary Moore
She can make a claim to share in assets acquired during the marriage, except for inheritance and gifts during the marriage.
Answered on Sep 17th, 2012 at 6:15 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Talk to an immigration attorney who does divorces.
Answered on Sep 17th, 2012 at 6:15 PM
If the property was acquired during your marriage then it may be subject to division upon dissolution. Your immigration status is irrelevant. You should consult a family law attorney to determine the character of your assets.
Answered on Sep 17th, 2012 at 6:14 PM
Michael Paul Vollandt
This is a complex question. Generally for real property that is entitled to you is your separate property. For personal personal property like cars it is generally considered to be community property to which the other spouse may have an interest in it.
Answered on Sep 17th, 2012 at 6:13 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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California is a community property state therefore a court presumes any property/asset acquired during the marriage is community property regardless of how the property is titled. To rebut the presumption the party claiming a separate property interest in the asset must show the court proof that it was paid for with separate property funds.
Answered on Sep 17th, 2012 at 5:51 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Probably, but a clear answer requires more information than you have provided.
Answered on Sep 17th, 2012 at 5:50 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes. All property that comes into the marriage is marital property whether in one spouse's name or both.
Answered on Sep 17th, 2012 at 5:50 PM
Steven D. Dunnings
Depending on how long you were married, yes.
Answered on Sep 17th, 2012 at 5:49 PM
Leonard A. Kaanta
Only if she contributed to its upkeep.
Answered on Sep 17th, 2012 at 5:49 PM
Ruth Emily Vogel
Yes. Washington state is a community property state; anything acquired during the marriage may be community property. Your legal status does not really matter for this question. You would want to try and show how your property should be considered your separate property.
Answered on Sep 17th, 2012 at 5:48 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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If it was acquired during the marriage, there is a good possibility. You should retain an attorney to discuss this matter in more detail to accurately determine your rights regarding property division.
Answered on Sep 17th, 2012 at 5:48 PM
Norman Linder Hull
Yes, if it is deemed a marital asset. Your status as a green card holder has no effect on the property division. See an attorney to discuss your entire situation.
Answered on Sep 17th, 2012 at 5:47 PM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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If it was bought during the marriage, then it's marital property and she may be entitled to 50%.
Answered on Sep 17th, 2012 at 5:47 PM
Your wife can claim anything she wants. What the Court awards may be entirely different. You have not given enough facts to be more specific.
Answered on Sep 17th, 2012 at 5:46 PM
Richard S. Goodman
Yes if accumulated during the marriage, marital property is subject to division.
Answered on Sep 17th, 2012 at 5:29 PM