Idaho home in one spouses name only. What happens in divorce?

UPDATED: Oct 1, 2022

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Idaho home in one spouses name only. What happens in divorce?

My husband bought our house shortly before
we were married and it is in his name only. We
have both been living in it and contributing to
the household together for 9 years, married for
8. We are now considering divorce. Do I have
any right to a portion of the equity in the
house? Equity is approx 190k. 80k through
payments to mortgage, 70k in increase in
value, and 40k from down payment made by
husband before marriage.

Asked on January 28, 2018 under Family Law, Idaho


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The general rule is that property purchased DURING a marriage is marital property and that purchased before is separate property regardless of whose name the deed is in.  There is, though, a legal theory called "transmutation" of a home in to marital property and intent of the parties means everything. So if you contributed to its increase in value in any way then you can be awarded half of that value.  Also, assets are awarded "equitably" during a divorce, meaning that the Judge can indeed give a spouse more of one asset to level the playing field. It is case specific. And you can also AGREE that it is marital.  His downpayment is his.  Get help.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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