QUESTION

What is my wife of 3 years or maybe soon to be ex-wife entitled to if we get a divorce?

Asked on Oct 23rd, 2013 on Divorce - Michigan
More details to this question:
I have a house that I had for 7 years before our marriage and I am the only one on the mortgage and deed. I only paid interest for the house till the last 8 months of us living together then I was actually able to pay some principal. As far as any debt that was paid during our marriage, how does that work?
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6 ANSWERS

Upon dissolution, the spouses divide up assets acquired during the marriage that would include any interest in the house. However, due to your interest only payments that amount should be small. You should consult a family law facilitator to go over all of the facts and advise you.
Answered on Oct 23rd, 2013 at 4:39 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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If you are in Florida, you need to consult with an attorney who practices in the county where you reside in order to best determine your potential rights and options. I
Answered on Oct 23rd, 2013 at 4:33 PM

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Bruce Provda
You need to present your financial statements to a divorce attorney to get an accurate answer to this question.
Answered on Oct 23rd, 2013 at 2:33 PM

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Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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In California, your soon to be ex-wife would be entitled to one-half of the community property interest in all assets acquired during your marriage of 3 years. As for the home, that asset would be presumed to be your separate property asset as acquired prior to your marriage. The community has gained an interest in the property equal to the pay down of the principal for those 8 months. Therefore, your ex-wife would be entitled to one-half of that pay down interest. Now with that said, this specific analysis is quite "number specific," dealing with all values from the date of purchase through the date of division of your community estate that would create this community property percentage interest in that small piece of equity for those 8 months. You do have to be aware of the community's right to reimbursement for 3 years of you paying on your separate property obligation (the mortgage) with community property funds (your pay check). As for other debt paid during your marriage, the answer depends on when the obligation was incurred: prior to or during your marriage. That date of incurrence determines whether a separate or community property obligation and the parties' respective rights as to reimbursement for payments made during the marriage. Your marriage was short term (less than 10 years). If able to work together, I would recommend mediation.
Answered on Oct 23rd, 2013 at 2:27 PM

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A portion of the community estate which has been accumulated since the date of marriage. In some cases, that which was accumulated is very little and in other cases it could be a great deal.
Answered on Oct 23rd, 2013 at 11:12 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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She is entitled to one half of the accretion of assets, and liable of the increased liabilities which accrued during the marriage under normal circumstances. The devil is in the details and every marriage and situation is unique.
Answered on Oct 23rd, 2013 at 11:03 AM

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