Posted on: 01st Jul, 2009 04:10 pm
Hi, I was wondering about a complex situation... Me and my soon-to-be ex-wife purchased a home in Sept 03 BEFORE we were married (we married in Aug 04). Her credit was bad so the mortgage is entirely in my name, however when we signed all the paperwork, they put her name on everything (most importantly the deed) as well because we originally had planned to use her as a co-signer. Now we are getting a divorce and she is trying to claim half of the equity in the house is hers. However she voluntarily left in Jan 08, and I have been living in the property since and paying the mortgage. She originally planned to sign the property over to me and had no interest in it, but since then a custody battle has ensued and her thoughts have changed. Since we got the house before we were married, is it technically marital property? Is she entitled to anything since there was little to no equity in the house when she left and she's been gone from the residence for over a year and a half? How would I remove her name from the deed if she refuses? Also, when she originally left she rented an apartment to which she defaulted on the contract. There is now a $1900 lien on the property from this. Am I responsible for that? How can I have that removed? Thanks for any advice!!!
Hi chris!
Welcome to forums!
As it was a pre-marital purchase, the property won't be considered as a marital property. But, as your soon to be ex-wife's name is on the property deed, she will definitely have the right to claim a certain portion of the property as she is also one of the owners of the property.
If she refuses to sign the property deed over to you, there is hardly anything that you can do. You can in no way force her to sign the deed. As far as the lien on the property is concerned, both of you will be responsible to pay it off as both of you are the owners of the property. You can negotiate with your soon to be ex wife and ask her to pay off the lien and get a lien release certificate. This will help you in removing the lien from the property.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As it was a pre-marital purchase, the property won't be considered as a marital property. But, as your soon to be ex-wife's name is on the property deed, she will definitely have the right to claim a certain portion of the property as she is also one of the owners of the property.
If she refuses to sign the property deed over to you, there is hardly anything that you can do. You can in no way force her to sign the deed. As far as the lien on the property is concerned, both of you will be responsible to pay it off as both of you are the owners of the property. You can negotiate with your soon to be ex wife and ask her to pay off the lien and get a lien release certificate. This will help you in removing the lien from the property.
Feel free to ask if you've further queries.
Sussane
Consult with a divorce attorney.
