QUESTION

Do I have to include the house in the divorce settlement if I can prove that he knew what the real estate laws because he had a real estate license?

Asked on Jun 25th, 2013 on Divorce - California
More details to this question:
I have a house that I bought before I married my husband, we have been married since 2000. He connected me with the real estate person that had the house listed. I am sure he got some money for getting me to buy the house.
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4 ANSWERS

The house has to be addressed. But there may not be any equity in the house to divide.
Answered on Jun 26th, 2013 at 7:51 PM

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Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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Not clear on what the question is. If you owned the home before marriage, and you kept the home solely in your name during the marriage (never putting your husband on title) your separate property interest in the home needs to be recognized and set over to you in the divorce. However, if you put your husband on title, then under Nevada law absent additional documents, you will be deemed to have gifted him a full one-half interest in the home. Or if community property income was used to pay the mortgage during the course of the marriage, as well as to pay insurance, taxes, maintenance, etc., then the community likely has an interest in the home and your husband is entitled to half of the community interest. Whether or not your husband got some money from your original agent for facilitating a sale before you were married appears entirely irrelevant to the application of Nevada law in a divorce situation. You really need to at least consult with an attorney to know what you can expect from the legal system as well as this process.
Answered on Jun 26th, 2013 at 7:51 PM

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Your house should be listed as your separate property. You should consult a family law attorney to review all of the facts and advise you if there is any community interest in the property.
Answered on Jun 26th, 2013 at 7:49 PM

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You must disclose everything and then make your case for the house being yours. There are many factors. The way the title is held, was separate property used, was community property used, was the intent that it be your separate property? You should consult an atty.
Answered on Jun 26th, 2013 at 10:08 AM

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