Idaho home in one spouses name only. What happens in divorce?
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Idaho home in one spouses name only. What happens in divorce?
My husband bought our house shortly before
we were married and it is in his name only. We
have both been living in it and contributing to
the household together for 9 years, married for
8. We are now considering divorce. Do I have
any right to a portion of the equity in the
house? Equity is approx 190k. 80k through
payments to mortgage, 70k in increase in
value, and 40k from down payment made by
husband before marriage.
Asked on January 28, 2018 under Family Law, Idaho
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The general rule is that property purchased DURING a marriage is marital property and that purchased before is separate property regardless of whose name the deed is in. There is, though, a legal theory called "transmutation" of a home in to marital property and intent of the parties means everything. So if you contributed to its increase in value in any way then you can be awarded half of that value. Also, assets are awarded "equitably" during a divorce, meaning that the Judge can indeed give a spouse more of one asset to level the playing field. It is case specific. And you can also AGREE that it is marital. His downpayment is his. Get help. Good luck.
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