What is the name of your state (only U.S. law)? California. I purchased my current home before I was married. After marrying my wife I added her to the deed. It has come to the point where we will be getting a divorce and would like to know how the property will be divided. Will she get half of the value of the property once the home is sold, is she entitled to half of the equity left after the sale of the home, or is she just entitled to the equity between the time she was added to the deed and the time of the divorce? Thanks.
(You probably won't take the time to read this, but I'm going to post it anyhow.)
Let me begin by saying that in all the many years of private practice I never once allowed a client to transfer an interest in their separately owned land to a spouse! They may have done it elsewhere, but never through my office. And when you begin to face the legal problems in dealing with the disposition of the property through a divorce you will understand why.
(Obviously the same difficulties in distribution arise in a divorce when the property is initially purchased jointly. But you have unnecessarily created them.)
Next, in the context and time frame you are using it the expression, "she was added to the deed" is inaccurate. If anything, her name was placed of record as a part owner of the property.
And for that to have happened you needed to have deeded her a percentage of your ownership by a separate deed.(Not adding her name to yours.) Plus it would have to be recorded in the county land records.
So, whatever interest she has in the home will be reflected by the words of conveyance as set out in that deed. That is, the percentage or fraction that you gave to her. But in no instance is that percentage of ownership and her entitlement to the proceeds of a sale affected by the date the ownership interest was transferred to her.
Now then, if want to know the problems you will be encountering with the home should you two separate and proceed with a divorce and some solutions, just ask.
