QUESTION
If you pay a spouses mortgage off at one point during the marriage does this make the property half yours?
Asked on Nov 30th, 2012 on Divorce - Michigan
More details to this question:
Moved into her separate property in 1998 when married. 2003 mortgage paid off. 2003 heloc taken out in both names. 2009 she signed home solely over to me. Where do I stand with this?
9 ANSWERS
You may have an equitable claim but not a legal claim unless you had an agreement that you could obtain property interests by making payments.
Answered on Dec 04th, 2012 at 12:51 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The house is a mixed asset, partly marital and partly separate. The equity she had in it prior to marriage remains hers. The equity built by paying on the mortgage during the marriage is marital.
Answered on Dec 04th, 2012 at 5:51 AM
General Practice Attorney serving Sterling Heights, MI
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Law Office of Derik R. Girdwood
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Want make sure I have this right. It was her separate house in 1998 and you married. In 2003 the mortgage was paid but then you took out another loan on the house? In 2009 she quit claimed the house to you? I guess the real question I have is are you still married to her? Is she still on the Heloc loan?
Answered on Dec 02nd, 2012 at 10:24 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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There is a presumption based on title that its yours but as she quit claimed it to you there's also a presumption of undue influence. You need an attorney to sort this out she could try to claim duress in giving it to you and try to set aside the deed. Then it would be back to her separate property with the community having an interest in it based on principal pay down and a pro data share of appreciation.
Answered on Dec 02nd, 2012 at 10:13 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If you are in Colorado, the limited facts you have provided suggest that the home is marital property, but that is a question that requires much more information and analysis before it would possible to predict how a judge might rule if you and your wife can't agree. The marital property label is only relevant as to the equity value of the property and there is no way to say what should or will happen if you and she cannot agree. The key point is that the name on the deed does not drive the train as to what should be done.
Answered on Dec 02nd, 2012 at 9:54 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Your explanation is unclear concerning the facts. If she signed a deed giving title to the property to you, file the deed and there is a presumption she intended to give it to you as a gift. If it was owned by her prior to the marriage, it would be her separate property and your only claim would be a possible claim for reimbursement for payments made toward the mortgage debt. If the mortgage debt was refinanced and as part of the process there was a conveyance to you of a joint interest, that would be your separate property interest. Bottom line - consult a lawyer to sort out the facts and application of the law.
Answered on Dec 02nd, 2012 at 7:39 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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The court will make a fair division of all property and debt. Whether something is community or separate property is to be considered by the court. You need help sorting out what is community or separate. See an attorney. Bring your records.
Answered on Dec 02nd, 2012 at 7:31 PM
It sounds like she deed the property to you free and clear and no longer has an interest.
Answered on Dec 02nd, 2012 at 7:28 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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Since the mortgage was paid during the marriage the house is considered marital property. Other factors may apply as to how the division will occur. Consult with an attorney to discuss your issues further.
Answered on Dec 02nd, 2012 at 7:22 PM