My family has owned a piece of land for 40 years. Gifted to my wife and I to build our house. Divorcing after only one year of marrige. Is she entitled to the value of the land?
2007-06-11 04:45:46 · 11 answers · asked by vncforte 1 in Family & Relationships ➔ Marriage & Divorce
If it's stated somewhere that this piece of land is a gift to both of you's then legally she's probably entitled to half of the value of the land. But because the agreement was to build a matrimonial home on it and your no longer fulfilling this agreement, you might be able to contest it because of the length of your marriage. Hopefully your not divorcing her so soon because your afraid she's after half the land.
2007-06-11 05:00:20 · answer #1 · answered by 24Special 5 · 0⤊ 0⤋
It does not look good for you to retain all of the land or the value. You said it was a gift to both of you...... looks like you face a 50/50 split of the land and or the value. If you have not seek out the advice of an attorney, do so immediately. If the deed is not still in your parents name, there is a good chance the family/you will keep this asset since it was the intent for both of you to live on the land.
Every state is specific regarding what is a marital asset. Only an attorney can advise you on your specifics. Do not wait , most offer a no cost - initial consultation. There is an urgency on this issue , she could use this asset to secure loans, so act soon. Good Luck !
2007-06-11 05:00:55 · answer #2 · answered by lori s 4 · 0⤊ 0⤋
NO IF IT"S HER LAND she's entitled to the whole thing!
My wife just represented a man who family gave him a piece of land a house was put up and then 4 years latter they got a divorce.
Guess what he got the house the land and she got nothing but a kick in the butt and so long their!
Family can can specify what a gift is even though it was givien during marriage it is excluded from marriatal assests!
2007-06-11 04:53:29 · answer #3 · answered by Free-Lance 5 · 0⤊ 0⤋
I think the more important question is why are you two calling it quits after just one year? The first year is the most difficult..is it really hopeless?
If the deed to the land is in both your names she is entitled to it....
2007-06-11 04:51:21 · answer #4 · answered by juda75 3 · 0⤊ 0⤋
Depends on your settlement, but if you married without prenup, she's likely allowed 1/2 the value. You can sell it and split the profits, or pay her the value of her 1/2.
2007-06-11 04:51:24 · answer #5 · answered by Magaroni 5 · 0⤊ 0⤋
hmm.. well when you split technically 1/2 is hers. But since the length of time you were married Im not exactly sure if all of that will apply! :( I'd say if she has any heart she would understand that it was your family that had given u the land and walk away from it as its yours and not hers.... Will depend on her and how she will fight! Srz!
2007-06-11 04:51:02 · answer #6 · answered by 04/12/2008 :) 6 · 0⤊ 0⤋
She's entitled to whatever the laws of the State in which you live. Ask your attorney.
2007-06-11 04:52:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
well without a penup you each have to split everything you could get the land and she could end up with something else close to value it all depends on what your lawers agree on.
2007-06-11 04:50:50 · answer #8 · answered by Dawn Lorraine 2 · 0⤊ 0⤋
Probably not.....but hire a good divorce lawyer to make sure.
2007-06-11 04:51:11 · answer #9 · answered by daljack -a girl 7 · 0⤊ 0⤋
depends where you live, in my state, everything owned prior is returned
2007-06-11 04:54:41 · answer #10 · answered by Gardner? 6 · 0⤊ 0⤋