QUESTION
Can he get half of the house and put it towards the child support?
Asked on Oct 18th, 2013 on Divorce - Oklahoma
More details to this question:
I bought my house with my fiancé in 2000. He puts nothing for down payment. In 2005, we got married shortly after we got separate in 2006 and divorce on 2012. I paid the house by myself. I have a son with him.
5 ANSWERS
Immigration Attorney serving Raleigh, NC
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Vasquez Law Firm, PLLC
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I would appear that the property is separate property as it was purchased prior to the marriage in 2005. Unless he has funds that could be traced back to the purchase of the property, I do not see where it would be classified as marital property.
Answered on Oct 21st, 2013 at 12:54 PM
Bruce Provda
If the house was bought before marriage and he is not on the deed then he probably will not get half if he paid nothing toward it. If he is on the deed, you need to prove that he made no financial contribution of any sort on the house and you would be better off with the advice of an attorney on that. As far as what he uses to pay child support, any funds that are legally his can be used.
Answered on Oct 21st, 2013 at 12:53 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, he is probably entitled to some portion of the value of the house. As for applying it toward child support, probably not, unless he has past due child support.
Answered on Oct 21st, 2013 at 11:04 AM
4 Awards
Whenever you have real property issues such as this, you really need to work with an attorney experienced in family law to protect your rights to your home and your son's right to support from both parents. There are several other questions an attorney would need to ask to best advise you in this situation.
Answered on Oct 21st, 2013 at 10:18 AM
Your decree should have addressed how property was divided, including the house.
Answered on Oct 21st, 2013 at 9:01 AM