If I’ve been married for 26 years and we have 2 houses but my name is not on the them, what am I entitled to in a divorce?
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If I’ve been married for 26 years and we have 2 houses but my name is not on the them, what am I entitled to in a divorce?
Asked on May 8, 2012 under Family Law, Connecticut
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you live in a community property state, community property is property acquired during marriage. Community property also includes income during marriage. Each spouse has a one half interest in the community property.
Separate property is property acquired before marriage or after the marriage ends. Separate property also includes income before marriage or after the marriage ends. A spouse has no claim to the other spouse's separate property.
If the houses were purchased during marriage, they are community property and you would have a one half interest in each house.
If the houses were purchased before marriage, they are your husband's separate property and you would not have any claim to the houses.
If the houses were purchased before marriage, but income during the marriage which is community property was used to pay the mortgage(s), you would have a one half interest in the amount of the mortgage(s) paid during marriage because that represents community property. If the funds used to pay the mortgage were from both separate property income and community property income, your interest in the houses would be based on half of the amount paid from community property funds.
If the houses were purchased before marriage and are your husband's separate property, but improvements were made to the houses during marriage from income during marriage, the value of those improvements is community property because the improvements were paid from income during marriage. You would have a one half interest in the enhanced value of the houses whose improvements were paid from community property funds. If the improvements were paid from your husband's separate property income (income before marriage) and community property income (income during marriage), you would have a proportionate interest in the enhanced value of the houses which would be half the enhanced value paid from community property funds.
If you don't live in a community property state, other rules may be applicable.
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