QUESTION
If I was married to a woman that owned a house and helped pay the mortgage and helped with the upkeep, am I entitled to any money from the sale?
Asked on Jan 06th, 2013 on Divorce - California
14 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Yes. You are entitled to the equity from the marriage. Consult with an attorney to discuss further.
Answered on Jan 13th, 2013 at 8:37 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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It may be possible for you to file a claim for contribution to the separate property.
Answered on Jan 09th, 2013 at 8:04 AM
If you helped pay the mortgage then the community has an interest in the property. You should consult a family law attorney to review all of the facts and determine what the amount of the interest to be divided.
Answered on Jan 09th, 2013 at 8:02 AM
You may be depending on when it was bought.
Answered on Jan 09th, 2013 at 8:01 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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There are too many variables in the fact situation to give a specific answer. The house is separate property because it was owned prior to the marriage. The judge may consider a reimbursement claim for community property money spent on the house but there is no obligation to reimburse. I suggest you hire a lawyer.
Answered on Jan 09th, 2013 at 8:00 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Any entitlement you might have can only be decided in connection with a divorce settlement. As part of a divorce, any increase in value during the marriage of property that was owned by one party before the marriage is considered marital property that can be divided in the divorce. Nothing is automatic however and you don't provide anywhere near enough information to speculate as to a reasonable outcome. You should consult a lawyer who can review all the relevant facts and explain your various options.
Answered on Jan 09th, 2013 at 8:00 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington you could be. Depends on many other factors.
Answered on Jan 09th, 2013 at 7:57 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Probably.
Answered on Jan 09th, 2013 at 7:56 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It depends on the Length of time you were married, how much you contributed and if you are already divorced what your divorce judgment says.
Answered on Jan 08th, 2013 at 5:22 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you are getting divorced, maybe. If are already divorced, then the property settlement would have addressed that issue.
Answered on Jan 08th, 2013 at 5:22 PM
You have probably acquired a community property interest in her separate property house.
Answered on Jan 08th, 2013 at 5:21 PM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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Yes, you would be entitled to half of everything you both own. I highly recommend you obtain counsel to ensure you get your half.
Answered on Jan 08th, 2013 at 5:21 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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That's a really odd question! I reckon it all depends on whether you actually were married to the woman, whether you actually divorced her and what, if anything, the divorce papers may have to say about it. Otherwise, if it's your property, you get to keep the gain or loss from its sale.
Answered on Jan 08th, 2013 at 5:21 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If it was not covered in your divorce, it could be a missed asset. The community (you're 1/2) is only entitled to reimbursement for principal pay down during the marriage and a proportional interest in the equity based thereon. If it was not reserved to the court to make orders in this regard, you may have to try to set aside the judgment.
Answered on Jan 08th, 2013 at 5:21 PM