Q: Divorce and split house 50/50
We been going to court already for the 5th time for divorce. We got a house before we married but moved in to the home together the first day we got it we both split the mortgage. She got me good she put her dads and her name on the house. I lived there for 15 years we remodeled the home and refinanced I been paying half with her since. Shouldn’t I be in titled to half the house or atleast half of what the home went in value from what we bought it for
A: In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if you contributed to the mortgage, remodeling, and refinancing over 15 years, you could argue for a financial stake in the home's increased value.
A:
In your situation, the house was purchased before marriage, and it's currently in your ex-partner's name along with her father's. This complicates the division of property during a divorce because the house may be considered separate property rather than marital property. However, since you have lived in the house for 15 years, contributed to the mortgage, and paid for remodeling, you could have a claim to a portion of the increased value of the home due to your financial contributions.
California is a community property state, which typically means assets and debts acquired during the marriage are split 50/50. However, since the house was purchased before you got married and is not in your name, the specifics can differ. Your contributions toward mortgage payments, refinancing, and improvements might be considered when determining what you are entitled to. This can be a complex area of law, and factors such as how the mortgage payments were made and the extent of the remodel work could impact your case.
You could potentially be entitled to reimbursement for your contributions or a share of the increased value from the time of the marriage. It is important to present all evidence of your payments and contributions to the court to support your claim. The court will consider these details in determining any potential entitlement to a portion of the property or its increased value.
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