QUESTION
When my husband bought the house, I was not on the deed, if he puts me on the deed now, am I entitled to half the house?
Asked on Sep 12th, 2013 on Divorce - Utah
More details to this question:
Hello. My husband and I were already married but at the time of his mother's death, the estate was split between him and his brother which my husband bought the house from his brother with the money his mom left. I was never put on the deed. My question is, if he puts me on the deed now, am I entitled to half the house?
3 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Only if in putting you on the deed, he manifests an intent to gift half the house to you. The house is non-marital, and simply changing the deed, with nothing more, does not make it marital.
Answered on Sep 16th, 2013 at 5:27 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, then you would be entitled to half the house. Right now it sounds like it is his sole and separate property. However, the rental income would be community property.
Answered on Sep 12th, 2013 at 10:03 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Not necessarily. While having your name added to the deed of the house would certainly strengthen a claim to shared ownership, there is a large body of Utah case law that explains how the court could still award the house to your husband in the event of a divorce if the court felt it would be inequitable to recognize a half interest in the house in you.
Answered on Sep 12th, 2013 at 9:19 AM