• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Pre-marital property w/ extensions

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Z

Zanney

Guest
What is the name of your state? New York.

My bf is in a terrible battle for full custody of his children, plus now his soon to be ex has served him for divorce claiming she wants title to the house which she left 7 mos. ago, refused to pay back taxes on and he owned 9 years before ever meeting her. They remortgaged the house two years ago and her name was added to the title. what is the likely hood of her winning the house? PLEASE HELP!
 


Z

Zanney

Guest
Pre-marital Property w/ extensions

Yes unfortunatley, she was added to the deed/ loan when they decided to add an addition onto his house... then it became "their house" this was only 9 mos before she left.
 

BelizeBreeze

Senior Member
Then he needs the services of an attorney now. Because it was NOT marital property before the refinance, he MAY be able to make an 'ownership interest' case and only pay her the difference between the value on refinance and the value today, if any.

This is not something he can do alone.
 
Z

Zanney

Guest
Pre-marital Property w/ extensions

... He has an appraisal and because the expansion was made right before she left the loan on the house is MORE than what the house is worth. He has contacted a lawyer but when he asks flat out about the house issue the lawyer concentrates on other things first. I was just curious what usually happens. He did own free and clear 125,000 of the house before the new expansion/loan. With the house not being worth anything short of what is owed the bank.. she just wants him to lose it. She does not wish to return to the area only wants to get the deed so he will lose it. Is this possible... even with him owning it before?? Thank you for your help. I am just a mess.
 

BelizeBreeze

Senior Member
Zanney said:
... He has an appraisal and because the expansion was made right before she left the loan on the house is MORE than what the house is worth. He has contacted a lawyer but when he asks flat out about the house issue the lawyer concentrates on other things first. I was just curious what usually happens. He did own free and clear 125,000 of the house before the new expansion/loan. With the house not being worth anything short of what is owed the bank.. she just wants him to lose it. She does not wish to return to the area only wants to get the deed so he will lose it. Is this possible... even with him owning it before?? Thank you for your help. I am just a mess.
Yes, it is possible. The moment he took out a loan for whatever reason and she signed her name to the deed and mortgage, it became marital property.

THAT is why he needs to get his attorney's attention NOW. Or another attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top