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eaglesoar
Guest
I have been posting off and on in these forums since my divorce began. After two years, we are in the final stages of our property and debt settlement, after much stalling on his part. To recap and ask my question, please bear with me:
My mother and I bought house in Sep 79, six months prior to my marriage, with $52,000 from sale of her former home. Through a refinance a couple years later, husband added to deed. We had 50% and my mom held 50%. Speed forward 20 years...another refi...this time we asked her to quitclaim as her credit was bad and we could not refinance..understanding was her name would be added back on. Never happened, several subsequent re-fi's made it convenient to keep her name off. April 2002, filed for divorce, final Dec 2002 except for reserved issues: debt and property. He has agreed reluctantly to give me the $52,000 as separate property out of the refi and buy out or sale of our home. Her name is not on deed, so she gains nothing from the 400% increase in value of home over the last 25 years. He only agreed to give me the $52,000 because the original investment happened prior to marriage, so it is separate property. Doesn't she (or I, she still live in what she thought would always be HER home) have a right to at least some kind of return on her original investment? If I were to go to trial, rather than settle for this, what are the chances I would be successful in this arguement?
Just hoping for some kind of justice for my mom, whom I will take care of no matter what.....any thoughts would be appreciated.
Still frustrated in California
eaglesoar
My mother and I bought house in Sep 79, six months prior to my marriage, with $52,000 from sale of her former home. Through a refinance a couple years later, husband added to deed. We had 50% and my mom held 50%. Speed forward 20 years...another refi...this time we asked her to quitclaim as her credit was bad and we could not refinance..understanding was her name would be added back on. Never happened, several subsequent re-fi's made it convenient to keep her name off. April 2002, filed for divorce, final Dec 2002 except for reserved issues: debt and property. He has agreed reluctantly to give me the $52,000 as separate property out of the refi and buy out or sale of our home. Her name is not on deed, so she gains nothing from the 400% increase in value of home over the last 25 years. He only agreed to give me the $52,000 because the original investment happened prior to marriage, so it is separate property. Doesn't she (or I, she still live in what she thought would always be HER home) have a right to at least some kind of return on her original investment? If I were to go to trial, rather than settle for this, what are the chances I would be successful in this arguement?
Just hoping for some kind of justice for my mom, whom I will take care of no matter what.....any thoughts would be appreciated.
Still frustrated in California
eaglesoar