Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Marriage, Domestic Partnerships and Other Family Law Matters

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-09-2004, 11:04 AM
danjelo
Guest
 
Posts: n/a
Question

Is that the property automatically conjugal?


What is the name of your state? California

Hi, I just want to know if I have the right over my husband's real property that he gained before we got married or gained when he was still married to his first wife?

I am his second-wife. My husband have a real property that he gained during his marriage to his first-wife. They made a loan from the bank, meaning both of them signed up to the loan documents from the bank. In accordance with the divorce decision, my husband who has already shouldered the mortage payment from then on. He said to me that he advised the bank that his ex-wife named be removed from the obligation/responsibility for paying.

Now, he is married to me already and we have 1 child. Do I have the right over that property? He is always telling me that that is his property alone and I have no right or am not the owner because that property is only in his name. Besides, the bank keeps including the name of my husband's ex-wife till this present. We are now living in California, but his property is in Montana. What law can we abide over that property? Is that automatically our conjugal property already?

Well, that's it. I am looking forward to receiving a reply to this matter.

Thank you.
  #2  
Old 09-09-2004, 03:30 PM
Senior Member
 
Join Date: Jan 2001
Posts: 12,069
Your probably out of luck. Montana law states what is owned prior to marriage stays in possession of the owner. The only claim you may be able to make would be if there was a divorce (in California, a community property state), you may be entitled to a percentage of the value if common funds were used to pay any part of the payments on the land. This would depend on how long your hubby has been paying on the land and the amount you supplied towards any payments. If the decision over ownership is made in Montana, you won't get squat.
__________________
If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

No private messages, I do not reply to them.
  #3  
Old 09-09-2004, 05:04 PM
Senior Member
 
Join Date: Jan 2003
Posts: 19,152
The MOST you could hope for would be a percent of the appreciation from the time of marriage until a divorce. Or, of course, if you remain married to him until he dies, you may perhaps inherit his interest- if it is not held in Jt. Title WROS with his ex.

And it would be termed "marital" or "community property" - not conjugal!
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:00 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.