QUESTION
What, if any portion of the current value of said property, would my spouse be entitled to in the divorce settlement?
Asked on Mar 31st, 2014 on Divorce - Idaho
More details to this question:
I purchased a property in 1987 and improved it with a two story home and 2 car garage, prior to marriage. Then in 1998 I got married, but I didn't add my spouse's name until 2002 to the deed. In 2013 spouse moved out and filed for divorce. Since I improved property from 1987 to 1998 as I got the money, my mortgage at time of marriage was less than $20,000.
6 ANSWERS
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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It's complicated, and the judge in your divorce case will have a lot of discretion, but generally any appreciation in value that's been added or equity that's been added by paying down debt since you got married can be treated as community property and divided. You need a lawyer. Get one.
Answered on Apr 04th, 2014 at 1:23 PM
Bruce Provda
He MIGHT be entitled to one half of any increase in equity that during the time you were married. You need to be represented by an attorney on this one.
Answered on Apr 03rd, 2014 at 6:57 PM
Just from a raw calculation point of view, your spouse would be entitled to half the increase of equity between 1998 and the date of divorce. However, a Court could certainly conclude that by you putting your spouses name on the property, no matter when the date, that you, in effect, intended to and donated the property to the marital unit and, in that case, your spouse would be entitled to half the entire equity.
Answered on Apr 03rd, 2014 at 6:57 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Since you added her name to the deed, the question will be whether this was intended as a gift? She certainly has an equitable interest in the property from the date of the marriage to the date of separation. But the 2002 transfer is a question since there would have been no reason to do that, from what you say, other than to give the house as a gift to the marital community.
Answered on Apr 03rd, 2014 at 6:57 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I believe that the spouse is entitled to one-half of the value. Since you put her on the deed and lived there for 16 years as husband and wife, I believe that at worst it was transmuted into community property and at best, was acknowledged by you to be community property when you added her to the deed.
Answered on Apr 03rd, 2014 at 6:56 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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If he chooses to argue it, he can argue that you changing the deed in 2002 is evidence that you were making a gift to him of half the property. Hopefully, you have a good reason for doing so and can testify and provide proof of that reason. If you can, he will only be entitled to reimbursement for one-half what was spent on your sole property during the marriage from community earnings/funds.
Answered on Apr 03rd, 2014 at 6:56 PM