Q: My son settled on a house in 2004. The deed was recorded 2005. 2013 he married and has 3 kids. If divorced would wife ge
If a divorce occurs would she get any part of house?
A: If it is his premarital property, the only claim she might attempt is for a portion of the appreciated value of the property during the marriage. That is, if the house was worth $200,000 on the date of the marriage with a $100,000 mortgage (so total equity in the house was $100,000 on that date), but then another $100,000 of marital money was spent to improve the property during the marriage and the mortgage principal was paid-down another $20,000 (the mortgage balance is now $80,000) and the house is appraised as of the date of the divorce complaint to be worth $300,000, then she has a good set of arguments that she is entitled to some fair percentage the increased value. In the above hypothetical, the value increased by $120,000 --- from $100,000 (the equity at the time of the marriage), to $220,000 at the time of the divorce complaint ($300,000 less $80,000 mortgage = $220,000). She would be entitled to some portion of that $120,000. Of course the outcome in your son's case would be driven by the specific facts and circumstances of his case. If he hasn't already, he should consult with an attorney who primarily practices family/matrimonial law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.