Deeded property

[9bXv]

Hi - first post;

Going through a divorce, my husband owns property with his brother. Both are on the deed, acquired during us being married. Am I right that I can be entitled to that as well?

Thanks!

[amaysngrace]

Maybe like a quarter of it but you need to speak to a lawyer to know for sure. Was it inherited because I’m pretty sure if it was you aren’t entitled to it at all.

[Mr. Lucky]

Since you're going through a divorce, going to assume you have an attorney who could give you location-specific info. Much better than conflicting advice from strangers...

 

Mr. Lucky

Edited February 13, 2019 by a LoveShack.org Moderator
Redact quote of starting post

[PegNosePete]

Was it inherited because I’m pretty sure if it was you aren’t entitled to it at all.

This is very much dependent on jurisdiction. It's not wise to listen to advice from internet strangers who have no idea where you live.

 

In many locations, it's unlikely the ex-spouse will be "entitled" to it as such, but they may get more of the other marital assets to compensate.

 

Eg. if the husband owns a property worth £200k, 50/50 with his brother, and the divorcing couple also own a marital house worth £300k. The total marital pot is £400k, which would be split £200k each: the husband already has £100k invested in the house with his brother so he would get £100k from the marital house, whereas the wife would get her £200k from the marital property.

 

This is very much dependent on jurisdiction though so it would be wise to consult a lawyer locally.

[Turning point]

Depends on laws where your divorce is filed.

 

Generally, if he owned the property prior to being married and none of it's uses, income, etc. were co mingled or part of the marriage - it's likely to be recognized as separate property. At best it's just an asset and 1/4 of the value cold be considered to offset other settlement concerns.