canuck
recently joined
Reged: 03/22/07
Posts: 2
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I am about to end my 13 year unhappy marriage. We now live in a nice home in the Seattle area. My husband owned a townhouse and we lived in it for the first 4 years of our marriage. He never put my name on it and we still have it as a rental property.
He claims that it is HIS and I cannot touch it because my name is not on it. I argue that at the very least I have a right to the value that it has appreciated since we were married. We could have used the money if we had sold it to buy our current house, but instead, I withdrew $10,000 of my own money that I made before we married for a downpayment on our current "marital" house.
Do I have any claim on the townhouse?
Washington State law is a communal property state.
advice would be greatly appreciated. I have 3 small children to financially plan for.
Edited by canuck (03/22/07 11:48 PM)
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9815
Loc: Arkansas
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Playing devils advocate - if YOU are ending the marriage, why should he suffer?
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Eternity is too long to be wrong.
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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[quote]Playing devils advocate - if YOU are ending the marriage, why should he suffer? [/quote]
Since she didn't state WHY the marriage was unhappy, that seems to be irrelevant, doesn't it?
Not sure what "communal" means versus "marital property"; however, even in say my state where there is no community property... given the length of your marriage, given that the property WAS at some point the marital residence, and given that it is still a rental property.. bringing income presumably into the marriage, then you should, in my humble opinion, be entitled to half of the increase in equity in the property from the point at which you were married, until you split.
So, if property value 13 years ago was $200,000 and today it is worth $400,000.. Assuming say a $100,000 mortgage, you'd be entitled (again, strictly my opinion) to $150,000 ($200,000 in equity minus your "share" of the remaining mortgage). He would be entitled, of course, to his share of your current marital home... however, if you could prove the deposit was made with separate funds you might be able to deduct that from his share.
Frankly, if there were other assets that were truly, solely "marital assets", rather than trying to prove a claim in the pre-marital asset.. I'd try to stake a larger claim on the actual "marital" assets instead. Basically a "I'm foregoing my right to a share of x.. but I want a larger share of y".
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canuck
recently joined
Reged: 03/22/07
Posts: 2
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We are both wanting to end this marriage. Neither of us has actually filed the papers. He has moved into the spare room and we now have seperate bank accounts. He has been taking files from the house like our credit card statements, bank statements etc... He's up to something...so I am starting to plan for the inevitable.
Yes, I certainly do plan to get my fair share of the equity of our house, but I also think I have a claim to the townhouse.
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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Well... then I suggest you make sure you can prove you contributed to the townhouse then. Technically, it is a pre-marital asset and it is possible you could be entitled to NOTHING from it.
However, if he's getting his ducks in a row legally so should you and you should speak to an attorney in your area who can advise you accurately on what the guidelines for property/asset division are in your state.
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rschiller
old hand
Reged: 08/25/05
Posts: 1014
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You need to research the seperate property laws in your state. If the town house was owned by him before marriage, then he could be correct in saying you will get nothing.
Even though I was married for fifteen years and helped pay off the mortgage on our house, when we divorced I was not entitled to a dime because he bought the house four days before we were married and the court said it was seperate property. Our situation went before a judge and I was awarded some equity in our home, but not nearly what I should of gotten.
Anyway, I know there are only three states that recognize seperate property, Texas is one of them.
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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New York is as well I believe...In all the paperwork I've been filling out it makes you list "separate" property versus "marital" property.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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It would be seperate property if he purchased it before the marriage , however , if any marital funds were used for upkeep or mortgage payments during the marrige , some of the equity may be subject to equitable distribution .
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Careful. We don't want to learn from this.
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venu
recently joined
Reged: 03/23/07
Posts: 1
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A Marital Separation and Settlement Agreement is a legal binding agreement between you and your spouse. If you want new stuff please visit [url=http://www.divorces.com/divorce_articles/divorce_article_7.htm]property in divorce[/url]
Edited by venu (03/28/07 12:38 PM)
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searching2
recently joined
Reged: 04/08/07
Posts: 1
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I have a similar problem. I own a duplexe for 5years before getting married plus raised my two children in it for since 1985. met my soon to be ex in 2003 got married got deployed for active duty, refinance so if i should die my children could not take the place from under her feet. my kids are grown & on thier on. my soon to be ex has 1 child which i treated like my own she thinks that its half hers. IS IT [color:blue] [/color] :crazy:!
Edited by searching2 (04/08/07 09:05 PM)
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