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Message
Question about property ownership
Posted on 6/4/18 at 1:08 pm
Posted on 6/4/18 at 1:08 pm
Here is the scenario:
Man and Woman are divorcing. The husband bought the home before they were married. The mortgage was in his name only. He is unsure if the wife is on the title. He's trying to determine this from an attorney.
Lets assume her maiden name is Jane Lynn Smith. Lets assume his name is John Brown. The title to the home says that they are married and her name is Jane Smith Brown but her identification says Jane Lynn Smith because they dont actually marry until 6 months after the closing date. The notary and closing agents wont let her sign the title because the two are not married as the title says and her identification doesnt match the name on the title.
The mortgage is in his name only
It doesnt appear that she is on the title
She never made a payment
Mortgage was paid for completely by husband with separate income (rental income from property he owned prior to marriage).
Does the woman have a claim to ownership?
ETA: This is in Louisiana.
Man and Woman are divorcing. The husband bought the home before they were married. The mortgage was in his name only. He is unsure if the wife is on the title. He's trying to determine this from an attorney.
Lets assume her maiden name is Jane Lynn Smith. Lets assume his name is John Brown. The title to the home says that they are married and her name is Jane Smith Brown but her identification says Jane Lynn Smith because they dont actually marry until 6 months after the closing date. The notary and closing agents wont let her sign the title because the two are not married as the title says and her identification doesnt match the name on the title.
The mortgage is in his name only
It doesnt appear that she is on the title
She never made a payment
Mortgage was paid for completely by husband with separate income (rental income from property he owned prior to marriage).
Does the woman have a claim to ownership?
ETA: This is in Louisiana.
This post was edited on 6/4/18 at 1:09 pm
18
Posted on 6/4/18 at 1:09 pm to 70739tigah
Once married in LA
Pretty sure it's all 50/50
Just let her have the thing, it might help you elsewhere in the divorce proceedings
Pretty sure it's all 50/50
Just let her have the thing, it might help you elsewhere in the divorce proceedings
This post was edited on 6/4/18 at 1:11 pm
Posted on 6/4/18 at 1:10 pm to 70739tigah
How does one not know whether or not a wife's name is on the home mortgage?
Posted on 6/4/18 at 1:10 pm to 70739tigah
Man's separate property. Unless declared common law wife, she has no claim?
Posted on 6/4/18 at 1:14 pm to 70739tigah
(Amount of time owned) - (Amount of time married)
Divide that by amount of time owned
That gives you a percentage of time that it is 100% his
The other percentage is divided by 2, and the asset is split
Divide that by amount of time owned
That gives you a percentage of time that it is 100% his
The other percentage is divided by 2, and the asset is split
Posted on 6/4/18 at 1:14 pm to 70739tigah
quote:
Holla, "We want prenup! We want prenup!" (Yeah!) It's somethin' that you need to have ‘Cause when she leave yo' arse, she gon' leave with half
Posted on 6/4/18 at 1:18 pm to 70739tigah
I assume it would be community property. He didn't technically own the house before marriage, the bank does until the mortgage is paid off. The husband owns the rental property, but once married I assume any money made off of it would be community income. Therefore, the husband and wife both have a claim to the house.
ETA: This is just my guess.
ETA: This is just my guess.
This post was edited on 6/4/18 at 1:20 pm
Posted on 6/4/18 at 1:29 pm to 70739tigah
call a title attorney.
Posted on 6/4/18 at 1:35 pm to 70739tigah
quote:
The husband bought the home before they were married.
He owns the home
quote:
Mortgage was paid for completely by husband with separate income
I'm going to assume he didn't do the correct steps to declare those funds as separate income, if he didn't she is entitled to reimbursement of half of all mortgage payments made during the marriage.
He would have needed to declare them as separate property by authentic act, filed it in the conveyance records of the parish, and provided her with a copy. If he did all this, and kept the funds in a separate account from any other income (his or hers), then she would have no claim for reimbursement.
ALso, the claim for reimbursement has no bearing on his ownership of the property.
Posted on 6/4/18 at 1:40 pm to 70739tigah
I went through this in the last couple of years in Louisiana. They will take outstanding principle on day of marriage and outstanding principle on date of file for divorce. The difference is split 50/50. So if it is $100,000 on date of marriage and $70,000 on date of file for divorce, she is entitled to half of the $30,000 difference. The thing about separate income has know bearing except where another poster mentioned. She can actually get half of what is in that account on the date of file. There are some exceptions like inheritance.
This post was edited on 6/4/18 at 1:42 pm
Posted on 6/4/18 at 1:41 pm to 70739tigah
Always love the responses on legal threads...either her name is on the title with him or it is not. When acquiring the property, the act of sale document (i.e. "Cash Sale") lists the names of the seller(s) and buyer(s). If he is the only named "buyer" then she has no ownership interest and the property would be his separate property. If the mortgage was paid with his separate property as you claim, then she would have no claim to any type of reimbursement.
Under the facts as you have described them, the woman would have no claim to ownership.
Under the facts as you have described them, the woman would have no claim to ownership.
Posted on 6/4/18 at 1:42 pm to 70739tigah
70739 is Greenwell Springs baby. Did that get converted to Central City?
Posted on 6/4/18 at 2:09 pm to 70739tigah
quote:
Does the woman have a claim to ownership?
NO. the only thing she would be entitled to is HALF of the amount of the principle reduction during the term of their marriage. at least this is the way it was explained to me here in arkansas
for example: 200,000 is owed on the house at time of marriage. during the 5 years of marriage the principle is reduced to 160,000 she would be entitled to 20k which is exactly half of the principle reduction for the time they were married. this is obviously if he wants to keep the house.
not too long ago went through almost this exact scenario and this is what i was told per my lawyers.
ETA: my lawyers also sucked donkey dong so, i am only assuming this is correct
This post was edited on 6/4/18 at 2:10 pm
Posted on 6/4/18 at 2:12 pm to 70739tigah
I have a piece of property that is family land and inherited. No structures on it. From what I've been told, since I inherited before I was married, the wife has no claim to it if we ever got a divorce.
I am not a lawyer; this is just my understanding. I could be wrong.
I am not a lawyer; this is just my understanding. I could be wrong.
Posted on 6/4/18 at 2:22 pm to 70739tigah
quote:
The husband bought the home before they were married.
quote:
Mortgage was paid for completely by husband with separate income (rental income from property he owned prior to marriage).
there is a very strong argument that this is 100% separate property, and it's theoretical that the husband could demand rental reimbursement in the community partition. i would speak with an attorney who handles this area specifically though, as it's not my area of expertise. as always, this is not legal advise and ultimately if you have to litigate it, it's up to the judge to determine (which is why i said there is a strong argument only)
Posted on 6/4/18 at 2:45 pm to 70739tigah
quote:
He is unsure if the wife is on the title. He's trying to determine this from an attorney.
ole baw doesn't know????
Posted on 6/4/18 at 2:55 pm to 70739tigah
I’m sure this thread helped a lot. There are 42 different answers with everyone claiming they are correct lol
Posted on 6/4/18 at 3:28 pm to 70739tigah
None of the fake attorneys from PT can answer this?
Hhmm...
Hhmm...
Posted on 6/4/18 at 3:35 pm to 70739tigah
Not sure of your case but. If she cheated she will get everything. Buy some KY; you’re gonna need it.
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