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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 1:11 pm to nicholastiger
quote:
Once married in LA
Pretty sure it's all 50/50
Not true.
ETA: What is confusing is 50% of the money used to pay the mortgage after marriage is the spouse's. At least some of the home is community property I would think.
This post was edited on 6/4/18 at 1:14 pm
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 1:15 pm to Count Chocula
quote:
common law wife
Not in LA
Posted on 6/4/18 at 1:15 pm to nicholastiger
quote:
Once married in LA
Pretty sure it's all 50/50
Nope, not in the case of property acquired prior to marriage. If you can show ownership prior to the marriage, it is not up for grabs. Not sure about something like ownership of a house though since if he has a mortgage, he doesn't technically own it quite yet.
Posted on 6/4/18 at 1:16 pm to nicholastiger
quote:it is all 50/50 from the point of marriage. not everything ever.
Once married in LA
Pretty sure it's all 50/50
so if you have 100k in the house before marriage and 150k, you get 125k and she gets 25k.
Posted on 6/4/18 at 1:17 pm to Rouge
quote:
Rouge
What if the mortgage was paid for with separate income. It wouldnt be community property if the mortgage was paid for with separate income...rental property income.
It would be community property if the mortgage was paid for with community income...salary.
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 1:19 pm to Count Chocula
quote:
common law
Blasphemy
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 1:35 pm to Count Chocula
quote:
Unless declared common law wife
You should be banned.
Posted on 6/4/18 at 1:39 pm to 70739tigah
quote:
What if the mortgage was paid for with separate income. It wouldnt be community property if the mortgage was paid for with separate income...rental property income. It would be community property if the mortgage was paid for with community income...salary.
Incorrect. If community income is used to "pay down" a mortgage on the separate property of a spouse (i.e. property acquired prior to the marriage), it does not change the status of the property from separate to community. In the event of divorce, the non-owning spouse is entitled to reimbursement for 1/2 of the principal reduction made on the mortgage loan.
This post was edited on 6/4/18 at 1:40 pm
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?
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