Posted on: 02nd Jan, 2010 03:10 am
For five years i have made all the mortgage payments for the house my husband, children and I live in. When we bought this house we used all the money that came from the sale of our previous home. My husband convinced me that if he were to buy this house under his name alone, he could get a better interest since I had a lower credit schore than his, so... i renlinqueshed my right to the property, and the lender gave title to him alone "as his sole property". My salary alone pays the mortgage every month. We set it up on automatic payment since the begining. Up to this day he never added my name to the deed because he said we had a living trust that took care of this for us. "The living trust has a provision that would include any assests bought be included in it even if we didn't physically add them in." Both my husband and I are trustees of the living trust. We are now facing divorce. Do I have any community rights to this property? Does he get to keep it all, as he claimed during a heated argument, because i signed off my rights to this property when we initally bought it? How could I remedy this situation? I heard from someone that even personal property could become community property after some time, specially if the couple shares paying the debt? Please reply.
i suppose you are in a community property state, which leads you to ask the question to begin with. i know naught about that, but still have thoughts on this matter.
you're "now facing divorce." have you spoken with an attorney yet? it's going to be imperative that you do, and you'll get clarification on your question, of course. who did your trust agreement? if your after-acquired property is to be included in the trust, then whoever prepared the documents will be cognization of that, i'd like to think.
you're "now facing divorce." have you spoken with an attorney yet? it's going to be imperative that you do, and you'll get clarification on your question, of course. who did your trust agreement? if your after-acquired property is to be included in the trust, then whoever prepared the documents will be cognization of that, i'd like to think.
consult your divorce attorney with proofs & documents.