community state dividing property

[verna01]

What is the name of your state (only U.S. law)? Washington. My husband "bought me out" of our home, and I built a new home (while staying with him) with that money. My brother (a stroke victim) sold his home and we pooled our money to build the home (he lives in the attached mother-in-law, so I can care for him) We are now talking divorce. Does he have any rights to my new home, since we are still married?

 

[mistoffolees]

It's impossible to say without knowing what documents were signed.

If there are no documents, then you still own half of the marital equity of the old home and he owns half of your share of the new home. If the values are similar, you should be able to work out a trade in the divorce.

Do not, however, give him a quit claim deed until you are off the mortgage.

 

[verna01]

Quit claim

I already signed a quit claim to him on his refinance so he could buy me out.

 

[LdiJ]

I already signed a quit claim to him on his refinance so he could buy me out.

You need a consult with a local attorney....seriously.

 

[mistoffolees]

I already signed a quit claim to him on his refinance so he could buy me out.

Is the refinancing complete? if so, you're OK. The proper way is for the quit claim to be signed at closing - so your name comes off the mortgage at the same time as you give up your claim on the house.

If the refinancing is not complete, you're exposed - you gave up any claim on the house but are still responsible for the mortgage.

You really need to take all the specifics in to see an attorney.

 

[verna01]

His refinancing is complete and I'm off of his mortgage. His name was never on my new mortgage. But, since this is a community state, I was wondering if he has any rights to my new home?

 

[mistoffolees]

His refinancing is complete and I'm off of his mortgage. His name was never on my new mortgage. But, since this is a community state, I was wondering if he has any rights to my new home?

That's a good start.

Since you signed a quit claim deed, you probably don't have any rights to his house.

How is your home titled? Did your stbx sign any documents at the time you traded money so you could buy your own house? Is there any documentation or any witness?

 

[verna01]

The new home is in my name only. We signed no agreement. But, he did pay me with a check. I guess my brother is a witness.....

 

[mistoffolees]

The new home is in my name only. We signed no agreement. But, he did pay me with a check. I guess my brother is a witness.....

You'll really need to see an attorney.

Worst case scenario is this: Husband denies that you had any deal for him to take the one house and him to buy you out. In that case, he would claim that the money he gave you was marital money and the downpayment was marital. Since the house is in your name only, the money from your brother might be considered a gift.

Now, your attorney will argue that the quit claim is evidence of a swap and you getting a check from your stbx and him refinancing is further evidence that a deal took place. Your brother will be a tainted witness, but given the quit claim and refinancing, that might be enough to convince the judge. No guarantees, but it certainly seems plausible.

Best scenario is that you have a relatively non-confrontational divorce, mediate all the issues and stbx doesn't try to cheat you on the housing issue. That is what I'd work towards so you won't have to worry about who would win in court.