QUESTION
Do I have any rights to the value of my soon-to-be-ex-husband's new home?
Asked on May 31st, 2013 on Divorce - Massachusetts
More details to this question:
My husband bought his own house and moved his girlfriend in a month or so after I filed for divorce.
8 ANSWERS
You presume there is any value. Any property he acquires prior to the entry of the Judgment is marital property, so if there is any equity, then yes technically you have rights.
Answered on Jun 04th, 2013 at 12:49 AM
It depends on whether your husband used community property to buy the house. You need to meet with a family law attorney in your community to discuss this issue. It is never a simple matter to trace money.
Answered on Jun 04th, 2013 at 12:48 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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All assets acquired during the marriage are community property (except under some unusual circumstances) and are subject to division by the court in a divorce. I suggest you hire a lawyer.
Answered on Jun 04th, 2013 at 12:48 AM
It sounds like you likely have no claim to his new home, as the community interest ends in California upon divorce or legal separation. However, if any community funds were used to purchase said home, you may be entitled to half of the community funds in reimbursement.
Answered on Jun 04th, 2013 at 12:48 AM
That would be determined by whether or not your ex used any community property money to buy the house.
Answered on Jun 04th, 2013 at 12:48 AM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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Yes, but it is doubtful that the home has any equity and therefore there is nothing to divide. This response is intended to provide general information only and is not a substitute for speaking to an attorney.
Answered on Jun 04th, 2013 at 12:47 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If he used community funds to buy it, you have a half interest in the house, even if your name is not on it.
Answered on Jun 04th, 2013 at 12:47 AM
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The short answer is possibly. It depends on what funds he used to purchase the house and whether there is any equity to which you would be entitled to a portion. You should consult with an attorney to get specific advise after the attorney is given the factual details of your situation. Good luck.
Answered on Jun 04th, 2013 at 12:46 AM