Separation of Property


#1

If my wife and I get a separation agreement would a house that I purchased before I met her and is in my name be split with her or be considered mine?


#2

If the house was yours before the marriage, and you haven’t put any money or marital efforts into it since you got married it is your separate property. If you made payments towards the debt or in other ways used your active time and money to improve or increase the value of the house, some of the house will be considered marital.


#3

I am 64 years olds and retired. My wife and I have been married for 38 years. We are both able to be financially independent.
We have lived more like room mates for 10 years or more. In separate bedrooms and beds. She will not let me touch her in any way. I can’t go on living this way. She will not sit down and discuss the situation but we have had limited conversations regarding separation many times over the years. I want it to be as easy and peaceful as possible, not to mention affordable.
All I expect is my share or the real estate we own together. A house and 2 pieces of unimproved property. She has verbally agreed to sell but when I start the process, she always comes up with an excuse to hold up the process. For example: won’t let a realtor handle it……says we should sell it ourselves. Question: Can we separate……me move own with a stipulation that the property must be divided within a year……before the divorce?
I don’t have but so many years left….I’d rather be alone and lonely, than living with a woman that won’t let me love or touch her.

Sorry for the long novel. Thank you for any and all information


#4

You should try to get her to agree to a division of the marital estate and put it in a separation agreement prior to moving out. You could include parameters for how the house will be sold in the future as well as how the proceeds will be divided.


#5

My home was owned solely by me before I married & is not marital property but until our divorce is final she has been living in the house. When our divorce is final does she lose possession of the house & I can make her move out even though we have not settled the marital property division yet?


#6

If you are divorced and there is not a claim for equitable distribution pending, property goes as titled. Even though the residence is titled in your name, there is likely a marital component due to your ownership of it over the course of your marriage, either through upkeep and maintenance or direct payments towards the mortgage. If there is a claim pending, the court will make a determination of what portion of the residence is marital property.