Q: Married 5 years. Husband put name on deed after 1 year of marriage. Is there a case that shows a spouse is entitled?
Separated after 4 years 8 months. Is spouse entitled to 50 percent? Is there any case law showing someone receiving a percentage? The house was the husband's previously but wife helped with remodeling.
A: This case will be arguable from several different perspectives. The original owner of the property may wish to argue it is still mostly separate property (up to the value at the time of marriage or the revision to the deed). The spouse has an argument that the property is now marital being evidenced by being added to the deed as a joint tenant. The outcome will depend on the answers to other questions such as, why was spouse #2 added to the deed in the first place. How much were the renovations? Were separate funds or marital funds used for the renovations? At a minimum, the parties will need to conduct a new appraisal to determine not only the current value of the property but the amount of active appreciation since the time of marriage. 1/2 of that amount is very likely to be awarded to spouse #2.
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.
