community property question (clearification)

[drkhrse]

I live In Idaho, a Community Property state. My wife and i are seperated after 5 years. I have two questions regarding Idaho's Community Property law and how it affects me.

1) I purchased our home in my name only about 6 months before we got married. Our joint account paid the morgage payments after we got married. Is she entitled to 1/2 the profit after fees and such answered in your main boards Q&A? I am still living in the home and have no intention of selling it any time soon, she has moved out.

2) I have a Classic Car I owned many years before we got married. NO joint money has gone into it except for some repars and maitanance (oil change , tires etc.). is she entitled to 1/2 its value?

thank you,
Jason

 

[I AM ALWAYS LIABLE]

I live In Idaho, a Community Property state. My wife and i are seperated after 5 years. I have two questions regarding Idaho's Community Property law and how it affects me.

1) I purchased our home in my name only about 6 months before we got married. Our joint account paid the morgage payments after we got married. Is she entitled to 1/2 the profit after fees and such answered in your main boards Q&A? I am still living in the home and have no intention of selling it any time soon, she has moved out.

MY RESPONSE:

How long did you know her prior to your marriage ? What was the intended purpose of your purchase of the home, when you bought it ?

I have reasons for asking these questions.


2) I have a Classic Car I owned many years before we got married. NO joint money has gone into it except for some repars and maitanance (oil change , tires etc.). is she entitled to 1/2 its value?

MY RESPONSE:

No, she's not entitled to the car at all, or any of it's value.

thank you,
Jason

MY RESPONSE:

You're welcome. Please come back here with your answers.

 

[drkhrse]

How long did you know her prior to your marriage ?
About a year and a half



What was the intended purpose of your purchase of the home, when you bought it ?
It was bought to be our home after we got married.


thanks again,
Jason

 

[I AM ALWAYS LIABLE]

How long did you know her prior to your marriage ?
About a year and a half



What was the intended purpose of your purchase of the home, when you bought it ?
It was bought to be our home after we got married.


thanks again,
Jason

My response:

I had a feeling about this.

Since it was your intended purpose that the house be the marital home, you unintentionally made the home a "gift to the marriage".

Without a premarital agreement concerning the home, she is now entitled to half of it's current appreciated value. She could force you to sell, or refinance, the home in order to obtain her share, minus costs of whichever procedure is used so that she can obtain her share.

Good luck - - at least you'll keep the car.

IAAL

 

[drkhrse]

thanks you for your help.

I have one other question i'm not sure about.

when we got married she had about $10,000 in student loans and she was still going for her degree. she got her degree about 3 years ago and got a full time job. while she was a student i paid off her student loans and paid for her tuition. We had a verbal aggrement that was after she graduated she would put me through school. through many things i have yet to finish school and now my employer is paying for it, as long as i'm working full time (very hard for me to do both FT).

My question is do i have any legal basis to get some reimbersment for paying off her loans? I'm thinking no but just wanted to ask.


Jason

 

[I AM ALWAYS LIABLE]

thanks you for your help.

I have one other question i'm not sure about.

when we got married she had about $10,000 in student loans and she was still going for her degree. she got her degree about 3 years ago and got a full time job. while she was a student i paid off her student loans and paid for her tuition. We had a verbal aggrement that was after she graduated she would put me through school. through many things i have yet to finish school and now my employer is paying for it, as long as i'm working full time (very hard for me to do both FT).

My question is do i have any legal basis to get some reimbersment for paying off her loans? I'm thinking no but just wanted to ask.


Jason

My response:

During those three years after her graduation, did the Marital Estate benefit from her higher income ? Of course, that's a loaded question. Since the Estate obviously benefited, then you made a voluntary investment in your marriage and her ability to garner a better income. As such, all divisions will be made from a "fatter" Marital Estate, and your "investment" has benefited, or will benefit you, when it's time to divide up the Community Property. So, in short, no division will be made of the $10,000.00 in tuition, itself. Only the Marital Estate will be divided.

Your verbal agreement was never worth the paper it was written on. First, it wasn't written, and second, such an agreement flys in the face of the Statute of Frauds. You'll get an earful on that subject when you see your own attorney.

Good luck to you, and next time, get a premarital or prenuptual agreement signed. You have a lot to protect. Remember, you and a new wife can always amend such an agreement throughout your marriage, and as things occur, as long as it's in writing.

IAAL

 

[drkhrse]

I have another Idaho comunity Property question for you.
I am planning on keeping the house I am living in. we have established what its value is and got a number we agree on for the equity of the house.

My question is how to figure a value on the appliances in the house i would like to keep?( ie, frige, washer & dryer, etc.) and is it fair to her for me to pay her half there current value?




thank you for your help,
Jason

 

[I AM ALWAYS LIABLE]

My response:

Yes, it's fair. Consult Newspaper ads, Internet ads, and / or call appliance dealers.

IAAL