Q: when divorcing and husband owned the property prior to the marriage but said house burned 6 years into the marriage and
was rebuilt using funds from joint insurance on the house and they have been married 16+ years. what is legal division of property?
A: It depends on various factors. It sounds like there might be transmutation but I am not sure on this little bit of information. Was there a mortgage on the home at the time of the marriage or not? Did the Wife contribute to the homeowners' insurance, mortgage (if there was one), home equity loan payments (if there were any), repairs on the home, any renovations, property taxes, or other household expenses during the marriage? If so, then the Wife likely has an equitable interest in the home.
Anthony M. Avery agrees with this answer
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