How will a couple’s divorce impact my rights on a property I co-own with them?

Question

My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want to pursue any legal action to claim rights to the property, but this was in response to the judge informing her that she could sue for rights if she wanted. Even though she’s stated no interest in claiming rights, this has made me very nervous about what the implications could be if she changed her mind and how this would impact my interest. The property in question is residential, which I live in and pay for the entirety of the mortgage each month.

Anna Aleksander · Answer

This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything purchased during the marriage is presumed to be marital. This presumption maybe rebutted by showing the source of the funds were pre-marital or non-marital. Therefore the wife may have more than a dower and curtsey interest. She may be entitled to as much as 1/2 of  her marital share of the equity in the home. If you invested in your share of the property with your own funds she would not be entitled to your share of the equity. If you are on the deed you maybe a tenant in common with her husband, or you may be a joint tenant  and knowing which one may be very important to know before you speak with a lawyer.  Absent fraud  on your or her husband's part she would only be entitled to a max of her 1/2 of the interest subject to and excepting your % interest in the share of the property upon partition or your 1/2 of the property if equal ownership. If she is only entitled to her dower and curtsey interest this may be enough to prevent the sale of the residence without her consent and usually until the divorce is completed. Because she is on the mortgage her consent would likely be required by any reasonable closing agent unless she is removed from it. Dower and Curtsey protects the wife in the event the husband dies during the divorce proceedings and before the divorce is finalized. If this were to happen, the wife's legal rights to a part of property will be protected. Dower and Curtsey is extinguished upon the divorce.  This is a general discussion of relevant principles which may or may not be fully applicable to your specific situation. Furthermore, many facts are still unknown about your situation and therefore I advise that this answer should not be relied on as legal advise.

Timothy Denison · Answer

Shouldn’t affect your rights at all.  Her dower interest is against the husbands portion, not your.

Q: How will a couple’s divorce impact my rights on a property I co-own with them?