QUESTION
Now that our marriage is over, who gets to keep the house?
Asked on Apr 29th, 2013 on Divorce - Colorado
More details to this question:
My parents handled the down payment for a home for me before my marriage. They let my wife put her name on the deed.
11 ANSWERS
Your attorneys will argue before the court or before the jury in regards to any property disputes if you and your wife cannot agree to an equitable distribution of property. If you are currently unrepresented, you need to hire an attorney to advocate on your behalf.
Answered on May 03rd, 2013 at 3:55 PM
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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Whether you can convince the court to treat the down payment as premarital, separate property, not subject to division in you divorce will depend upon several factors, including the length of marriage and the extent of commingling. For example, if the down payment occurred 40 years ago and if your ex has been working and contributing to maintaining the home for that entire home, you probably wouldn't receive a credit for the down payment. If you've only been married 3 years, you can probably recoup your monies. With more thorough facts, a competent divorce attorney can give you a better idea.
Answered on May 03rd, 2013 at 3:55 PM
The disposition of real property is an issue handled in the divorce proceeding. If your parents have an agreement with you and your wife to repay them for the down payment, that could be addressed in the orders issued by the divorce court. If you purchased the home prior to the marriage, there may be an argument that your wife is entitled to less than one-half of the equity in the home. You may be awarded the home, but required to pay an amount to your wife representing part of the equity in the home.
Answered on May 03rd, 2013 at 3:54 PM
Carolyn Roschelle Jones
Why wasn't this addressed during the divorce?
Answered on May 02nd, 2013 at 1:02 PM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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There is no way to answer this question without more facts. For example, are your parents, you and your spouse on the title? How much is the mortgage payment? Is there equity in the house? Whose name is the mortgage in? Are you both able to afford to pay the mortgage? These are just a few a questions.
Answered on May 02nd, 2013 at 1:02 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Generally speaking property purchased during a marriage is community property. If both of your names are on the deed to the property then the court will order it to be divided. You should consult with experienced family law counsel to understand the dissolution procedures, and your rights and obligations.
Answered on May 02nd, 2013 at 1:01 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Your question does not include enough facts to provide an accurate answer. I suggest you hire a lawyer.
Answered on May 02nd, 2013 at 1:01 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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When you say "over," do you mean you are ready to get divorced or you are divorced? If you are divorced, then the decree should already have addressed that issue. If you are getting ready to file, it seems to me that the house is community property since your parents apparently gave the house to both of you, not just you. So you each get of the value of the house. Of course, there are a lot of other factors that need to be considered and you should talk with your attorney about them all.
Answered on May 02nd, 2013 at 1:00 PM
Estate Planning Attorney serving Ann Arbor, MI
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Alfred Menlove, PC
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Property owned before your marriage is generally considered separate property and not divided in a divorce. However, in your particular case, it may be that your parents' gift could be considered a gift to both of you since they allowed her to put her name on the deed.Also, even if the gift were exclusively to you, you probably commingled it by putting that money into a jointly owned house. You could possibly make an equitable argument about it being yours, at least as to the initial payment; however, it's more likely that a judge would rule you had commingled it and thereby let it lose its status as separate property.
Answered on May 02nd, 2013 at 1:00 PM
Child Custody Attorney serving Denver, CO
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Sturniolo & Associates
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My putting your wife's name on the deed, you made a gift of the home to the marriage. You can certainly ask the court to give you credit for the downpayment but the court may deny this request.
Answered on May 02nd, 2013 at 12:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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That is going to determined by the divorce judgment or settlement.
Answered on May 02nd, 2013 at 12:57 PM