Posted on: 17th Sep, 2008 07:50 pm
I have a question that the community may be able to help me with. Before I was married (1986) my future wife quit claimed a house from herself to us as joint tenants as unmarried individuals. We were married later in 1986 but never changed the title. We sold that house in 1989 and purchased another one in joint tenancy as husband and wife. We are now in divorce court and she is now claiming that the 1986 deed as joint tenants does not give me an eequal share in that house and now is claiming the sale price of that home as reimbursment.
It is my belief that the title in joint form before the marriage entitles each of us to equal shares in that property and thus are not subject to reimbursment.
Any thoughts on this matter?
It is my belief that the title in joint form before the marriage entitles each of us to equal shares in that property and thus are not subject to reimbursment.
Any thoughts on this matter?
Hi usdbible,
Welcome to forums.
Was the previous house located in a community property state and did your wife make any payments towards the mortgage? If yes, then as per Moore Marsden Rule, she is entitled to a certain interest in the property. Check out the Moore Marsden Rule for further details.
Thanks
Welcome to forums.
Was the previous house located in a community property state and did your wife make any payments towards the mortgage? If yes, then as per Moore Marsden Rule, she is entitled to a certain interest in the property. Check out the Moore Marsden Rule for further details.
Thanks
Unless you have a signed contract to the contrary, joint tenancy gives you an undivided equal interest in the property.
