aadigu
newbie
Reged: 01/25/08
Posts: 40
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I live in Pennsylvania which is an equitable distribution state. Before my wife and I were married I purchased a home with only my money and there is no moorage. The deed is in my name. We were engaged at the time and the house was for us to live in, and we did live in it before we were married. I spoke with an attorney recently and she said that my wife may be able to make a claim for a portion of the home because it was going to be our martial home. Does anyone know if that is true?
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Quote:
I live in Pennsylvania which is an equitable distribution state. Before my wife and I were married I purchased a home with only my money and there is no moorage. The deed is in my name. We were engaged at the time and the house was for us to live in, and we did live in it before we were married. I spoke with an attorney recently and she said that my wife may be able to make a claim for a portion of the home because it was going to be our martial home. Does anyone know if that is true?
Typically yes, on the increase in equity since you two were married. However, in this market, that would be difficult. You would leave with what you came in with plus an equitable portion of the gain (or loss) on the property.
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aadigu
newbie
Reged: 01/25/08
Posts: 40
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I knew she could make the claim on the increase in equity. So if I understand you correctly, she could not make a claim on the money I put into the home before we were married. Even though it was going to be the home we were going to live in after we were married. Why would this lawyer tell me such a thing?
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Quote:
I knew she could make the claim on the increase in equity. So if I understand you correctly, she could not make a claim on the money I put into the home before we were married. Even though it was going to be the home we were going to live in after we were married. Why would this lawyer tell me such a thing?
Usually not. Although some women will tell you otherwise.
Only the increase in equity is a marital asset.
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DeeCee
addict
Reged: 10/08/07
Posts: 420
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Never assume that you will walk away with what you want..keep in mind...did she help any repairs or remodelling or pay property taxes. in otherwords, her living with you and her input is considered co-mingling.
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Quote:
Never assume that you will walk away with what you want..keep in mind...did she help any repairs or remodelling or pay property taxes. in otherwords, her living with you and her input is considered co-mingling.
That is how she owned her share of the equity since the marriage.
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GO CUBBIES!!!!
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DeeCee
addict
Reged: 10/08/07
Posts: 420
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To the OP I am serious curious..what exactly do you think she should be entitled to now that you are divorcing. If you married her and it was all good and you were living under the same roof did you say this is my home or our home. And now that you are divorcing it's back to it being your home..When did the shift from our home go to your home. Also while you lived under the same roof the marital home did you divide the food and share the same electricity and heat and bed..but now that you are divorcing are you still not sharing the same utilities...
Also if she leaves "your" home and only gets what you think she is entitled to
a lesser value...does that mean she has to live in a place that is not as nice or smaller....that seems fair that her quality of life goes down because you are no longer equal partners..because in marriage there you did see your wife as equal no or did you see her as less than you?
This is not meant to be accusing or anything because I am facing the same similiar situation..and my husband feels the condo is all his...Only ours was purchased after we married with money we received as a wedding gift. The amount was low when we bought it and it went up at least four times in value...My stbx feels its all his and I am trying to figure out how so if it was a wedding gift.
Edited by DeeCee (03/08/08 08:31 AM)
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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Quote:
To the OP I am serious curious..what exactly do you think she should be entitled to now that you are divorcing. If you married her and it was all good and you were living under the same roof did you say this is my home or our home. And now that you are divorcing it's back to it being your home..When did the shift from our home go to your home. Also while you lived under the same roof the marital home did you divide the food and share the same electricity and heat and bed..but now that you are divorcing are you still not sharing the same utilities...
Also if she leaves "your" home and only gets what you think she is entitled to
a lesser value...does that mean she has to live in a place that is not as nice or smaller....that seems fair that her quality of life goes down because you are no longer equal partners..because in marriage there you did see your wife as equal no or did you see her as less than you?
This is not meant to be accusing or anything because I am facing the same similiar situation..and my husband feels the condo is all his...Only ours was purchased after we married with money we received as a wedding gift. The amount was low when we bought it and it went up at least four times in value...My stbx feels its all his and I am trying to figure out how so if it was a wedding gift.
Again, he came into the marrage with the asset (house) and he leaves with it, less a portion of the increase in equity. Thatis exactly what is fair. He didn't give her the house as a wedding present. It is (and always has been) in his name. Should he lose his asset because he married her? No.
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GO CUBBIES!!!!
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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Usually not. Although some women will tell you otherwise.
Really? I'd have been awarded half of the home my x bought before we married if I had not signed a quit claim deed on it at the time of divorce. We lived in the home together for 2 years before moving back to our home state and used it as a rental property until whenever he sold it, which he did some time post divorce. I had no desire to take half the value or force him into selling it.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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DeeCee
addict
Reged: 10/08/07
Posts: 420
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That is why the whole business of thinking just because he came into the marriage (the asset) he should leave with it. Doesn't always work out that way.
When you marry you made a legal decision to combine living under the same roof. Also let's take a hypotheical...let's say this couple had been married for 30 years. Or they are both in their 60's and they get divorce . Still the same situation she moved into his house..so now she should move out with a lesser portion. That's nuts. Her age, her income factor into these equitable distribution. Why did he marry her? What reason do you marry someone if not with the intention of building your life together. So let's say she didn't know he wants out, her livelihood after 30 years plummets because the husband wants out?
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