QUESTION
Do I suggest my son refuse to buy her out of the house or does he need a lawyer?
Asked on Mar 10th, 2022 on Divorce - Nevada
More details to this question:
My son bought a house in 2001 while he was single. He met his future wife in about 2005 and she moved into his house. At some time after that they began sharing the cost of the mortgage and I presume the 2 home equity loans they eventually took out. They married in 2016 at which time my son added her on to the deed. They are now divorcing. She is moving out and maintains he will "have to buy her out of the house." I know my daughter-in-law is not careful about spending money and that some her portion of the mortgage as well as shared credit cards are well into arrears (some in collections). My son keeps good records of what is paid and what is owed. He will be able to show those figures. In fact, she did not pay taxes for the 2 years before they started filing separately. So my question is whether or not it is customary for the one staying in the house should "buy out" the one leaving.
1 ANSWER
The history sounds a bit convoluted and needs to be fully fleshed out to really figure out who has what coming from this house, as there are transactions regarding it that are both pre-marital and marital, and more than one legal test may apply to the contributions, and the deeds. For legal background see the Property Division page of our website, here, and the information and articles posted on our Cohabitation and Palimony page, here, and a newletter article on property transfers between unmarried persons, here, if you have not already done so. For a detailed analysis of this particular situation, you will need a detailed consultation with a family law specialist well versed in this subject.
Answered on Mar 11th, 2022 at 12:35 PM