Hmmm. Not so sure about the house. I’d say that if you were on the deed for the house, then yes, you’re probably entitled to something.
As far as the business goes, if he incorporated after the marriage, anything from the point of incorporation on, you should receive some amount of compensation for.
For how long were you married?
4 years.
4 years…if he was the supporting spouse that would make it likely that you could obtain alimony for about 2 years depending upon all circumstances.
Yes, your friend is right that any money you put into the household was a gift to the marital estate. The land is probably your husband’s outright and you won’t get any money for the land value itself.
However, for the value of the house itself, since you are on the deed of trust, you should be entitled to something, even if it’s only that part of the increase in value of the estate from the time of marriage.
If you are also on the deed you are entitled to one half the value of the house. If you are not on the deed you would be entitled to one half the reduction of the mortgage balance and any increase in value that was do to active efforts that took place during the marriage.
Since the business was incorporated after you married it is marital property and would be 100% marital.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Husband had land and a 90% complete house before marriage. He obtained mortgage to pay off construction loan after marriage, and I am on the deed of trust for the house. Am I entitled to any of the value of the home? Loan was for $200K, home is valued at $400K.
Also, he was working as a general contractor before marriage, after the marriage he incorporated. Am I entitled to any of the value of the business?
Please help, he is trying to force me out of the house for no reason, with no money. An attorney friend told me all the money I had put into the household was a “gift” to the marital estate, but that does not make me entitled to anything.