QUESTION

What are the rights of a wife on a house owned by the husband prior to marriage?

Asked on Dec 24th, 2013 on Divorce - Michigan
More details to this question:
There is a home equity loan on said property. Husband owned it prior to marriage. Wife cosigned loan and has made almost every payment on it and on all the other bills since she moved into the home. All bills can be traced to her personal bank account.
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7 ANSWERS

In Arizona, and assuming that the wife's name was not put on the property to secure the home equity loan, then the wife would have a claim in the dissolution matter for the community contribution for payments on the husbands's separate property. You should consult with an experienced local family law attorney to discuss your rights.
Answered on Dec 31st, 2013 at 11:15 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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Wife is entitled to some reimbursement under a line of cases known as* Moore-Marsden*. You will probably need an attorney to guide you through this process as it can get complicated. Make sure the attorney has dealt with the *Moore-Marsden *line of cases before you hire him/her. I strongly suggest you not try to get through this part of your divorce without an attorney] Good luck
Answered on Dec 27th, 2013 at 12:33 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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In the absence of a pre-nuptial or separate property agreement, all income is community property regardless of whose name is on the account. So it makes no difference which account the bills came from. That portion of the equity of the house that the husband owned prior to the marriage, is separate property. The rest is community property. So the wife has some interest in the house.
Answered on Dec 27th, 2013 at 12:33 PM

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Depends on if your name is on deed or not as to ownership being community or separate,but if community money has been paying the mortgage then you would be entitled to a reimbursement for the community money that benefited his separate property home.
Answered on Dec 27th, 2013 at 11:52 AM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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This is an interesting question. A house the husband and wife purchased together during the marriage is marital property in Utah. A house that is owned by one of the spouses prior to marriage, but to which the other spouse contributes money and/or goods and services or labor for maintenance or improvement can also assert a claim to an ownership interest in such a house as well. If your husband owned the house before marriage, but then you go signed on the home equity loan he took out against it, and you paid every single home equity loan payment out of your own earnings, you likely have a very strong claim to an ownership interest in that house. But it's not certain. The final call as to whether you have a marital interest lies with the court, which is given broad discretion to make those kinds of determinations. The best advice one can give you now at this point is to consult a good divorce lawyer to see what your options are and how best to solidify your claims.
Answered on Dec 27th, 2013 at 10:07 AM

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A house owned by the husband prior to marriage is still owned by the husband unless he put the wife's name on the deed and/or the note and mortgage. I would suggest the husband have the wife sign a statement that she has not interest in the home.
Answered on Dec 27th, 2013 at 8:36 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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There will be some rights, and the details and the judge will dictate them. You will need an attorney to plead your case.
Answered on Dec 26th, 2013 at 8:40 PM

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