Division of the house

[Lynette]

What is the name of your state? West Virginia
My mom gave me the house that we now live in while still married. It is in my name (not his) and the deed requires that the house be passed down to blood relatives only. In the divorce, do I have to sell the house and then divide the proceeds between the two of us?

 

[seniorjudge]

My mom gave me the house that we now live in while still married. It is in my name (not his) and the deed requires that the house be passed down to blood relatives only.

That kind of clause is unenforceable; in other words, it's no good.


In the divorce, do I have to sell the house and then divide the proceeds between the two of us?

The judgment in the lawsuit will determine if the real estate is marital property or non-marital property. If it is non-marital property, then you get to keep it. If it is marital property then you may have to buy him out or you may have to sell it and split the dough, etc.

Did he contribute anything to the real estate?

Did he make mortgage payments?

Did he pay for upkeep, maintenance, remodeling, etc.

These are questions the judge will ask in the lawsuit.