Will my father lose his house to his spouse if he divorces her not even 2 years into their marriage?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will my father lose his house to his spouse if he divorces her not even 2 years into their marriage?

My father married a Native American woman and lets just say she has been v.erbally abusing and neglecting my father. He has paid 90% of all the bills and has done about 80% of the house work. I was wondering what she would be entitled to if divorced?

Asked on August 22, 2012 under Family Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your father lives 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 your father purchased the house during marriage, it is community property, and his spouse has a one half interest in the house.

If your father purchased the house before marriage, it is his separate property and his spouse has no claim to the house.

If your father purchased the house before marriage, but paid the mortgage during marriage with income during marriage, his spouse would have a one half interest in the amount of the mortgage payments and a proportionate interest in the house that those mortgage payments represent because the mortgage payments from income during marriage were community property.

If your father purchased the house before marriage and made mortgage payments on the house during marriage from income earned before marriage, the pre-marriage income is his separate property and the spouse would not have any claim to the house based on mortgage payments made from separate property.

If your father purchased the house before marriage, but made improvements to the house during marriage with community property income (income during marriage), his spouse would have a one half interest in the value of the improvements to the house made with community property income.

If your father purchased the house before marriage and made improvements on the house with his pre-marriage income (separate property), his spouse has no claim to the increased value of the home because the improvements were paid with separate property income.

If your father does not live in a community property state, other rules may be applicable.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption