Division of property


#1

My husband bought our current house we are living in 2001. He put $40,000 down then. We married in 2006. We refinanced (both names added to loan and deed) in 2011 to get a lower interest rate. Over the course of our relationship, I have paid for all renovations to the home. If we separate now, am I entitled to anything?

Also, if he receives an inheritance and uses it to pay off this mortgage, would I be entitled to any of that money?


#2

It sounds like the house certainly has a marital component. It started off as his separate property, but when he titled it in your joint names after marriage it created a presumption that he intended the property to be marital. Additionally, any equity built in the home during the marriage (mortgage payments, renovations, etc.) would be considered marital.

Inheritance money is considered separate property as well; but again if he invests that separate money into jointly held real estate it creates the same presumption discussed above.