ED of marital home and car


#1

I am currently separated from my husband and he has moved out of the marital home. I was the bread winner and paid all of the bills even though he was employed at times during the marriage and had promised to help out with the bills.
I bought the house before we got married but put his name on the deed. Is it considered marital property because his name is on the deed? If so, how does ED of the home work if the judge splits it 50/50? Will he be responsible for giving me any money towards the mortgage (which is only in my name)? Do I have a good chance of the judge giving me the house since I paid all the bills and continue to reside there?
I also have a car that I bought during the marriage that is in my name only (loan that is). What would a 50/50 split mean for that and is it possible the judge would take into account that my STBX had a chance to help out but chose not to?


#2

You would have to prove that the house is your separate property. However, once you titled it in his name too may be a different story. An attorney would have to answer. He may be entitled to some of the equity.

As far as other marital property. Anything accumulated during the marriage is marital property no matter how it is titled i.e. the car or cars. It makes no difference who paid this bill or that bill. That’s what people cannot understand. Once married, you are considered an “entity”…meaning you become a unit. Sometimes I think it might be better if people just lived together. Then the legalities would not matter.


#3

I agree momsdaughter!

Also, if you plan to stay in the house, you MAY have to ‘buy your spouse’ out of the house (1/2 equity from date of marriage). I personally think you stand a good chance of keeping the house if you request it and plead your case to it…and the fact that you live in it now.

I see SOO many couples here where one spouse paid the bills and the other had no part in it whether they worked or not. It sets up a dependent status and you very well may owe your STBX alimony. You also see cases where it seems unfair (ie: The SAHM getting little alimony for her ‘work’ as a mom, or the deadbeat, lazy spouse benefiting from the other spouse’s hard work). DIVORCE SUCKS all the way around emotionally and financially. (Just my opinion)


#4

If you put your spouse’s name on the deed to real property which was purchased prior to the marriage, it is presumed that you gifted the property to the marriage, and therefore the home will be considered martial property, which each of you being entitled to a 50% interest.
If you chose to keep the home you will have to “buy your husband out” and give him cash for one half of the equity. The car is likely valued at the same or a lesser amount than what is owed, so keeping the car should not cause you to owe your spouse any money.