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My husband's father deeded land to him upon his death. He died many years ago and the deeded land was put into both of our names. We are getting a divorce and he is saying that the property isn't marital. I'm saying it became marital when it was put into both our names. Who is right?
7 ANSWERS
Title is not conclusive. The land is still separate property but you are entitled to reimbursement for payments and improvements made to the property during your marriage. You will absolutely need a family law attorney for this.
Answered on Apr 18th, 2013 at 12:46 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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There is an argument to be made that the land was gifted to the community when he added your name. I would suggest consulting an attorney to discuss your case in more detail.
Answered on Apr 18th, 2013 at 12:45 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Unfortunately he is right; If it was deeded or willed to him alone from his father it is not considered marital property.
Answered on Apr 18th, 2013 at 1:31 AM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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You are, see a local family law attorney to protect your interests.
Answered on Apr 18th, 2013 at 1:24 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe him, probably you. He could have maintained the separate nature of the property by keeping it in his name and he didn't. Of course, there are also the questions of how was it used, was any money generated from it used for the community or did it go into his separate account. You need to discuss this with your attorney.
Answered on Apr 18th, 2013 at 1:18 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If he quit claimed it into joint names, it is community property.
Answered on Apr 18th, 2013 at 1:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are correct, when it was put in both names it became marital property.
Answered on Apr 18th, 2013 at 1:00 AM