Owning a home prior to marriage husband placed on title after

[greydove]

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

I owned my condo prior to my marriage. I got married but didn’t place my husband on the mortgage right away. (We are married 10 yrs)

I realize that once the title was transferred to both parties, the property became a marital asset; which is subject to equitable distribution. However from what I understand it does not necessarily follow that the value or the equity of the home will be equally divided by the spouses.

**We are both Pro se and have agreed to sell the home (I currently live in the home with a child from a prev. marriage) however we are in disagreement on the split of the equity (if any) from the sale of the home. My husband is saying it should be 70/30 in his favor and I don’t agree. How does one go about figuring this out? If we couldn’t decide, would it be likely the court would rule an even split (50/50)? Don’t I receive any contribution credit (down payment and mortgage payments) for owning the home prior to the marriage and now?

Purchased home 1992…husband not on mortgage until 2003 (we were married in 2000 and I became a stay at home mother in 2001).

 

[LdiJ]

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

I owned my condo prior to my marriage. I got married but didn’t place my husband on the mortgage right away. (We are married 10 yrs)

I realize that once the title was transferred to both parties, the property became a marital asset; which is subject to equitable distribution. However from what I understand it does not necessarily follow that the value or the equity of the home will be equally divided by the spouses.

**We are both Pro se and have agreed to sell the home (I currently live in the home with a child from a prev. marriage) however we are in disagreement on the split of the equity (if any) from the sale of the home. My husband is saying it should be 70/30 in his favor and I don’t agree. How does one go about figuring this out? If we couldn’t decide, would it be likely the court would rule an even split (50/50)? Don’t I receive any contribution credit (down payment and mortgage payments) for owning the home prior to the marriage and now?

Purchased home 1992…husband not on mortgage until 2003 (we were married in 2000 and I became a stay at home mother in 2001).

Its likely going to end up being divided 50/50. Had you not added him to the mortgage and deed, the equity prior to marriage would have been your separate property and only the equity agained during the marriage would be divided 50/50. However you gifted him that prior equity when you added him to the deed.

 

[mistoffolees]

Its likely going to end up being divided 50/50. Had you not added him to the mortgage and deed, the equity prior to marriage would have been your separate property and only the equity agained during the marriage would be divided 50/50. However you gifted him that prior equity when you added him to the deed.

Not entirely true.

In CT, judges consider a number of factors in settling property division - and one of them is "the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates."

The just most certainly can consider that she owned the home before the marriage and give her a larger share.

 

[LdiJ]

Not entirely true.

In CT, judges consider a number of factors in settling property division - and one of them is "the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates."

The just most certainly can consider that she owned the home before the marriage and give her a larger share.

Yes, but it also sounded like her husband contributed more AFTER the marriage, therefore that may make it a wash.

 

[nextwife]

Not entirely true.

In CT, judges consider a number of factors in settling property division - and one of them is "the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates."

The just most certainly can consider that she owned the home before the marriage and give her a larger share.

Not necessarilly. First, he now is owner of 50% by deed. Second, we have no idea how much or little EQUITY existed at time of marriage, and third, all payments after 2001 came from marital income, none from any of her premarital resources. In all fairness, had he not been making the payments while she stayed home, there would not be a house to argue about now.

 

[mistoffolees]

Yes, but it also sounded like her husband contributed more AFTER the marriage, therefore that may make it a wash.

Not necessarilly. First, he now is owner of 50% by deed. Second, we have no idea how much or little EQUITY existed at time of marriage, and third, all payments after 2001 came from marital income, none from any of her premarital resources. In all fairness, had he not been making the payments while she stayed home, there would not be a house to argue about now.

Yes, all those things need to be considered. OP may be entitled to more than 50% or less than 50%.

The point was that Ld's flat statement that they'd each get 50% was wrong. The judge has discretion to divide it by whatever amount is fair, not simply 50:50.

 

[LdiJ]

Yes, all those things need to be considered. OP may be entitled to more than 50% or less than 50%.

The point was that Ld's flat statement that they'd each get 50% was wrong. The judge has discretion to divide it by whatever amount is fair, not simply 50:50.

I did not make a flat statement. I said "likely". That is not a flat statement.

 

[mistoffolees]

I did not make a flat statement. I said "likely". That is not a flat statement.

And then you went on to add:
"Had you not added him to the mortgage and deed, the equity prior to marriage would have been your separate property and only the equity agained during the marriage would be divided 50/50. However you gifted him that prior equity when you added him to the deed."

That is a very strong indication that you considered that all the equity would be divided 50:50.