S/O Mortgage post

[noodleoo]

I have a question and I don’t want to add it to the other H paid off the mortgage post. I know it sounds suspicious and I’m worried about the OP, but she’s gotten enough good advice to hopefully figure things out.

But I'm curious about joint property vs individual property. Her H bought the house on his own. His name is on the title and she didn’t push to have hers added. He has paid it off from his own salary (she has not contributed to it as far as she said). I know they are married and all, but they’ve only been married 4 years (who knows how long he was paying the mortgage on his own before they got married). If they did get divorced, would she have any claim to it since he paid for it from his own money?

The other question I guess I don’t really know the answer to. If individuals in a couple have money from before they get married and they never combine it, when they get divorced, is it considered joint or not?

[pamela]

It really depends on the state.

[Muddled]

I think this is all dependent on state laws.

[hannamaren]

In Ontario, through broken telephone from my non-divorce attorney husband, the wealth you grow during the marriage is fair game.
So if they owed $500k on the house before the marriage and when they split, it was paid off, she is entitled to $250k (plus/minus other assest growth, etc)

[Deleted]

Sept 7, 2012 14:02:09 GMT -5 noodleoo said:

If they did get divorced, would she have any claim to it since he paid for it from his own money?

I have no idea if she WOULD have claim to it but shouldnt she? He was only able to pay it off b/c she was paying 1/2 of the other household expenses. If they divorce tomorrow shouldn't she get something??? I am not saying 1/2 of the house or equity should be hers.

[ohgillian]

I feel guilty b/c I have one brokerage account from before marriage that I"m not sure DH's name is on. I will check on it this weekend and remedy if necessary -- it just never rose to the top of my to-do priority list. But all other assets are definitely already joint (except obvious ones like 401ks, etc)

ETA: I checked and I did add him at some point. I feel better.

[pitterwoo]

I looked it up, thanks to everyone pointing it out. Evidently there are community property states where all marital assets get split up, which was my assumption was my situation. My state does NOT do this, so since he bought the house a year before we met it would still be his if we divorced even though I've put work into it, etc.

[kadams767]

Sept 7, 2012 14:11:40 GMT -5 pitterwoo said:

I looked it up, thanks to everyone pointing it out. Evidently there are community property states where all marital assets get split up, which was my assumption was my situation. My state does NOT do this, so since he bought the house a year before we met it would still be his if we divorced even though I've put work into it, etc.

You still need to speak to an attorney about the specific state law and situation. Obviously, it would be easier to just put your name on the house and be done with it, but in the event that doesn't happen and you were to split up down the line, just because your name isn't on it doesn't mean you wouldn't be entitled to part of it. Even in non-community property states. "Community property" is a hot button phrase that strangers on the internets like to throw around. The reality is, only a handful of states are truly "community property states" (I think 9 or 10 states, total); but many other jurisdictions still consider the accumulation of propertyy and wealth during marriage when making separation agreements and divorce settlements.

*Not legal advice, yada yada yada

[WOT?*]

Very dependent on state laws. In one state, if she was able to prove that any of her money had gone to pay for the mortgage or improvements, that would convert the property to joint property. In another, it would convert the house to joint from the time of the initial investment and calculations made for the value prior to the investment and subsequent. In yet another, the value of the investment would be calculated against the value of the property with and without the investment made, and pro-rated in terms similar to investment:value without investment vs value with investment and the investment returned plus an applicable percentage of the increased value of the property with the investment made vs without. In another, she's screwed no matter if she put everything she owned into his house and he put in nothing; it's the chance she took on the marriage and the home.

It sounds confusing because it is. Which is why attorneys are good to have.

ETA: what kadams said.

[Deleted]

It depends on the state. In Michigan, we have what is called a dowery (sp?) law. It basically states that women are entitled to half of all assests men had prior to marriage. Men are entitled to nothing the woman had prior to marriage though.

[sillygoosegirl]

All the research I did prior to marriage pointed to both spouses having a claim on any income either of them earned during the marriage, regardless of what state you live in. So it would follow that paying off the mortgage on the house you purchased before marriage with "your own income" does not actually amount to paying it off with "your own money."