1031 Property exchange while married


#1

I worked very hard on my stbx premarital property investment with him, doing more than 50% of the labor myself.
It was a residence that required completle interior restoration, extensive landscaping and clearing,
digging of old fuel tank, etc. We were married when he sold this property, easily, due to my efforts.
I also required a complete shoulder reconstruction from my hard labors in this endeavor.
He has left me, with those bills unpaid…but my question is this…
With the considerable profits he made from the sell of that property, he reinvested in another.
We are separated, and I have come across the deed. My name is not on it, though the premarital home
was sold while we were married, and the 1031 property exchange was purchased while we were married.
He has has made many misrepresentations to me, I have recently discovered, but he refuses to answer
this question: Do I own any part of the property bought with the 1031 monies?
The payments made on newer investment have all been made since marriage.
I believed that I was part owner, as he told assured me, and for four years I was the only one of 4 owners that traveled the
3 hours to be sole caretaker of this property/investment once again doing all interior and exterior chores.
Do I have any rights to this property though I am not on deed on trust?


#2

The law states that separate property which is exchanged for separate property remains separate. Martial monies applied to this investment do create a martial interest in the same which is divisible, aside from that, your efforts to care for and increase the value of the land, “sweat equity” will be a factor in the distribution of the martial value.