Property issues?

Question

okay my husband and i are headed very quickly for divorce...my question is....our house wasbought by his grandfather and originally deeded in my husbands and his aunts name, after we were married his aunt deeded the house and property to the both of us..........is that still considered marital property or is it considered separate property?

Answer 1

Marital property. You should see if he'll buy out your half.

Answer 2

Good question for the court. It depends on then the deed changed. Since the original deed was in your husbands and aunts name, there is a clause is some states that it belong to them as you were not married at the time.

Since you were later married, and the aunt deeded the house to both you, it is questionable. Since the aunt deeded the property to both of you it is questionable because the original deed did not include you and is an asset that he apparently possessed prior to or after your divorce.

In your statement, the deed was in both names; but was it really leaglly done that way? According to your testimony, your husband can prove that the property does belong to him by way of inheritance and could state that the aunt "thought" you would both get along, which is not the case.

In certain cases in court, there are two district rulings. One is the "Benefit of the Doubt" and the other is by "Preponderance of Evidence". In this case, your husband was given the property by a direct relative; his grandfather. Later it included his aunt. It is possible by this alone that the husband would own the property by way of relationship to the previous owners.

The fact that the aunt deeded the property to both of you could be considered under the assumption that you both would remain together as man and wife, which did not occur and therefore the deed or agreement of such deed would be null and void.

As an uninterested party to the fact, I see the property belonging to the husband in this case. The history of the property being paramount and the case of the wife being secondary.

However, it would depend on your state laws and you may pursue them if you find that you have both the right and the financial recourses to continue with the case.

Answer 3

If the deed was in your husband's and his aunt's name when you were married and SHE ONLY deeded her portion to the two of you, then you only have a claim to 1/4 of the total value of the property or 1/2 of the 1/2 the aunt owned before being deeded.

The other portion of the property which was NOT converted during the marriage remains separate property.

It's not that complicated.

Answer 4

I am not a lawyer, and these things can sometimes vary State to State. It is probably marital property... but since it was (or could) be considered a gift, it could also be excluded as marital
(community property) in your state.

Answer 5

Marital property even thought he'll swear it isn't.

Answer 6

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