Q: married less then a tear. Purchased a property as my sole and seperate property using borrowed funds from my parents as
down plus put additional funds from my parents into property to make it livable. Husband signed quit deed to me a closing via title company. He is in prison now. I filed for divorce, he wants half of the equity in house as community property.
A: Idaho is one of 9 states which have "community property laws." This means that from the date of marriage until divorce or death, everything purchased, from cars to houses, belong equally to both husband and wife. Of course, parties often attempt to "over rule" those laws, as you did, by purchasing a piece of real property with parents' funds and then asking AND RECEIVING, a Quit Claim Deed, from your husband to yourself of "any interest he has in the house." This Quit Claim Deed is ALL the divorce judge needs in order to award the house to you as your sole and separate property.
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