Real Estate

[jterbeest]

What is the name of your state (only U.S. law)? Kentucky

I owned three Kentucky properties when I married in 2006. After we married, my wife insisted that I add her to each of the deeds, which I did. She was not added to the mortgages. Do I have a claim in a divorce for the pre-marital equity that I had in each property? I can document the equity in each property.

Does it matter if we were domestic partners before we married?

[mistoffolees]

Originally Posted by jterbeest

What is the name of your state (only U.S. law)? Kentucky

I owned three Kentucky properties when I married in 2006. After we married, my wife insisted that I add her to each of the deeds, which I did. She was not added to the mortgages. Do I have a claim in a divorce for the pre-marital equity that I had in each property? I can document the equity in each property.

Does it matter if we were domestic partners before we married?

Kentucky is an equitable distribution state. That means that the judge can decide on property division based on what's fair:
[url=http://www.divorcesupport.com/divorce/Kentucky-Property-Division-Factors-544.html]Divorce Support - Kentucky Property Division Factors[/url]

In a more normal situation (you own a house before the marriage, then get married, your spouse moves in, and add your spouse to the title), it would be fairly common for the judge to rule that what's 'fair' is for your spouse to get only 1/2 of the gains in property value during the marriage - so your pre-marriage equity would be protected.

In your case, however, if you were living together when you bought the properties and if your spouse was contributing equally to domestic duties and expenses, it's possible that the judge would rule that 'fair' is 50:50. I guess it really comes down to how much she contributed to the purchase of the properties (if any).

Of course, in either case, if you keep the properties, you would also keep the mortgage and then you would pay stbx her share of the equity (after subtracting the debt).

[xylene]

Originally Posted by jterbeest

After we married, my wife insisted that I add her to each of the deeds, which I did.

I am concerned that when you did that you essentially gifted her half of your pre-marital equity.

How the mortgage will factor in will be up to the judge. I am sure that her not being added to the mortgage liabilty does not shield fully shield your equity.

You should have refused her 'insistence'.

As to your previous domestic partnership - that depends on the exact terms of that agreement.

At this juncture you need to a have a lawyer - which of you are initiating the divorce? Are there grounds? Is this an amicable divorce with property issues or a nasty fight?

[Bali Hai]

Originally Posted by jterbeest

What is the name of your state (only U.S. law)? Kentucky

I owned three Kentucky properties when I married in 2006. After we married, my wife insisted that I add her to each of the deeds, which I did. She was not added to the mortgages. Do I have a claim in a divorce for the pre-marital equity that I had in each property? I can document the equity in each property.

Does it matter if we were domestic partners before we married?

And when she waved that big red flag, you should have told her no ********* way! and insisted that she move back into the hills and sent her ass packing there.

[Ohiogal]

Originally Posted by jterbeest

What is the name of your state (only U.S. law)? Kentucky

I owned three Kentucky properties when I married in 2006. After we married, my wife insisted that I add her to each of the deeds, which I did. She was not added to the mortgages. Do I have a claim in a divorce for the pre-marital equity that I had in each property? I can document the equity in each property.

Does it matter if we were domestic partners before we married?

When you added her to each of the deeds you made her joint owner. You have no longer any premarital equity. Why? Because you GIFTED that to her when you added her to the deeds. Unless of course you had a contract in writing that stated you were entitled to any of the premarital equity should you divorce. She is entitled to half the equity in the homes.

[mistoffolees]

Originally Posted by Ohiogal

When you added her to each of the deeds you made her joint owner. You have no longer any premarital equity. Why? Because you GIFTED that to her when you added her to the deeds. Unless of course you had a contract in writing that stated you were entitled to any of the premarital equity should you divorce. She is entitled to half the equity in the homes.

Entitled to, perhaps. But remember that it's an equitable distribution state. If he can convince the judge to let him keep the pre-marriage equity, it is certainly within the judge's ability to do so.

Of course, it may take quite a bit of convincing, particularly if they were 'domestic partners' at the time of the initial transaction.

[Ohiogal]

Originally Posted by mistoffolees

Entitled to, perhaps. But remember that it's an equitable distribution state. If he can convince the judge to let him keep the pre-marriage equity, it is certainly within the judge's ability to do so.

Of course, it may take quite a bit of convincing, particularly if they were 'domestic partners' at the time of the initial transaction.

Most likely however he will not convince a judge of that. Does he have any contract stating that he was to get the equity back? If not, its a gift. The proof is in the writing -- the deeds.