Q: Am I entitled to half a house my wife bought while married even though I signed a notarized form giving up liability?
Her dad used her name to buy it, but he used his money to pay it off. Her married name is still on the assessor's information.
A:
Maybe. In general, quitclaiming or deeding a property does eliminate your interest in the property. But sometimes there are ways to get some or all of it back. The answer depends on the laws of your state and the specific circumstances.
In Nevada, it is usually possible to re-acquire a partial interest in the property if community funds were used to pay down the mortgage.
A:
The question of whether you are entitled to half of the house your wife bought during the marriage, despite signing a notarized form giving up liability, depends on multiple factors, including the laws of your state, how the property is classified, and whether the house is considered community or separate property.
Community vs. Separate Property:
In community property states, any property acquired during the marriage is generally considered community property, regardless of whose name is on the title.
If the house was paid off entirely with your wife's father's money, it might be argued that it was a gift or separate property, especially if there’s evidence supporting this claim.
The Notarized Form:
Signing a notarized form giving up liability might not necessarily mean you waived your ownership interest in the property. However, it could complicate your ability to claim a share. A court would need to evaluate the purpose and validity of the form.
Title and Legal Ownership:
If your wife's name is on the title or listed in the assessor’s information, this could strengthen the argument that it is her property. However, the source of the funds used to pay for the house may also play a significant role in determining ownership.
State-Specific Rules:
Property division rules vary by state. In equitable distribution states, the court considers what is fair, which may not necessarily be a 50/50 split.
Intent of the Parties:
If it can be shown that her father intended the house as a gift to your wife or both of you, this could influence the division.
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