Q: added an addition to home paid for with own funds. 2 years later we married. the mext year he gifted half the home to me
deed. mortgage in his name. i want a divorce. will i be entitled to my money?
A: You are certainly entitled to at least a portion of the equity in the home. The specifics of any other financial arrangements need to be discussed in more detail after a consultation with a local lawyer. Call up a lawyer for a consultation.
A:
Commingled and retitled property are two difficult issues to work through, even for experienced lawyers.
Va. Code § 20-107.3 will be your source of answers along with various appellate cases.
For example, "g. When the separate property of one party is commingled into the separate property of the other party, or the separate property of each party is commingled into newly acquired property, to the extent the contributed property is retraceable by a preponderance of the evidence and was not a gift, each party shall be reimbursed the value of the contributed property in any award made pursuant to this section."
However, "f. When separate property is retitled in the joint names of the parties, the retitled property shall be deemed transmuted to marital property. However, to the extent the property is retraceable by a preponderance of the evidence and was not a gift, the retitled property shall retain its original classification."
Not only are there classification issues, but there is burden shifting. In some instances you have the burden of proof, and in other instances the burdens shifts to the other side. This can apply to both the tracing of the funds as well as the issue of "gift".
A few hundred dollars to get reliable advice about (potentially) several thousand dollars of property is a good investment.
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