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My husband and brother are on the deed to the house. It was paid for when I moved in. I lived there 30 yrs. In a divorce, can I get anything from the house, since we jointly made investments and improvement in it?
11 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The community You are half could get some reimbursements for improvements That's all.
Answered on Mar 01st, 2013 at 8:02 AM
If the community improved the house then it is entitled to be reimbursed for those improvements and you are entitled to one half of the reimbursement amount.
Answered on Feb 28th, 2013 at 9:21 PM
John Arthur Smitten
If it was bought before the marriage you may get some of the enhancement of value only.
Answered on Feb 28th, 2013 at 9:06 PM
Dennis P. Mikko
If the house belonged to your husband and his brother prior to the divorce there is a good argument that it is his separate property. However, if you can show that you made improvements to the home with marital funds, you may be able to recoup some of the costs of the improvements as part of a property settlement. You will have to show the value of the investments and improvements made with marital funds.
Answered on Feb 28th, 2013 at 9:05 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Maybe, maybe not. You can get whatever your husband (and his brother) will agree to or you can let a judge decide after considering ALL the relevant financial information and history. There are no simple, arbitrary rules for answering your question and the answer may be different in every state. You need to consult a lawyer in your state to learn more about your state's law and how it would affect your specific case.
Answered on Feb 28th, 2013 at 8:56 PM
Yes you are entitled to a portion of the home, however, it more than likely, not be 50% as your husband does not own it outright.
Answered on Feb 28th, 2013 at 8:52 PM
You may be entitled to some community property increase in value, however you would not be automatically entitled to any amounts on the house. It may be really difficult to prove the community enhanced the value of the property itself.
Answered on Feb 28th, 2013 at 8:52 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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The answer is yes, you are absolutely entitled to receive some money from the house on several legal theories. You should contact a family law attorney ASAP.
Answered on Feb 28th, 2013 at 8:48 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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In California, even if the property is his separate property (not community), the community may be entitled to reimbursements made during the marriage to pay off the home or to make improvements. You would need to get all the records, and then make a request that you be reimbursed half of the amount the community contributed toward that property.
Answered on Feb 28th, 2013 at 8:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should have some rights but I cannot evaluate your case without all of the details.
Answered on Feb 28th, 2013 at 8:44 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Time to call the divorce lawyer. I do not have enough information to assist with your specific case, but the facts you have stated in Ohio would lead one to see the court may order you a share of the house.
Answered on Feb 28th, 2013 at 8:39 PM