Q: My husband owns several rental properties, but my name is not on any of them.
The properties were obtained during our marriage, and I had to take a job with insurance so he could pursue his dream of doing property management. I provide health insurance for him (since he is self-employed) and I also pay auto insurance on a truck that he uses to do his business. Do I have any right to any of the properties or rent from the properties in a divorce?
A:
I suspect yes, but I also suspect your husband will say otherwise, so ultimately, the Judge will make this decision.
ANY property acquired during the marriage is generally deemed "marital property" ( but there are a few exceptions: personal items, gifts or an inheritance). This would tend to include these rental properties. However, he is likely to say that this business was totally separate and that you did not contribute to the acquisition or upkeep of theses properties since it was his business and he is self employed. The fact that you were kept of o this purchases is an indication that he intended to keep these properties separately. In the end, every divorce case depends on the particular facts present in each case, and regrettably, a truly accurate answer to your question requires much more information than can be supplied in this question-answer format. You should consult an experienced divorce lawyer- many offer an free initial consult.
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