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House shopped for marital home as my wedding gift its in his name. is it marital property in divorce?

Salem, OR |

just before marriage we went house shopping. Husband said it was my wedding gift from him to me. He put it in his name at the time because he said had to for the loan, him having the good credit rating. Is it marital property since it was my wedding gift? We chose it together and he made a big scene about it being my house and gift. we are are now in divorce and he wants me out as he says its his. He is in one of his other 2 houses. In divorce due to Domestic Violence against self and child. I cant afford mortgage. he make $250k+ annual i have no income. he's cut me off. marriage 3 1/2 years. what can I do? I have sweat equity on house he's in I did labor to renovate it. on that he thinks i have no claim either. as far as he's claim everything is his period. all households assets etc.

house payments on both homes are made with marital assets during this time. including paying off second mortgage

Attorney Answers 3

Posted

It's not marital property strictly speaking if he acquired it before the marriage, but it's still subject to equitable distribution. You should make a claim for a share of the house, with emphasis on any increase in equity during the marriage, whether as a result of your own labor or just mutual contributions to the household. You may not be awarded the house - as you say, you can't afford the mortgage anyway - but he could be ordered to refinance and pay you some of the equity that's been raised. (If there is no equity, then there's nothing to distribute, and the house is more liability than asset anyway.) This point should be raised in the pleadings of your divorce. Your question doesn't make it clear where in the divorce process you may be, so I can't be more specific. You should consult with a domestic relations attorney in your area.

Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com

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Posted

I would also argue that, even if it was pre-marital property, your husband "comingled" the house. If you lived together in the house, this fact is helpful, and the longer you lived there, the better. If you lived in the house at times when he lived elsewhere, even better. If you put worth into the house, or materials, or invested in its purchase somehow, better still.

You would also want to argue that it is "equitable" that the home be treated as marital property. The difference in income bolsters this argument. So does the fact that he has two other houses.

Finally, I noticed a number of recent questions that seemed to have been posted by the same person about the same fact scenario. If you posted all (or even several) of these, it sounds like you have a lot going on with your case and would REALLY benefit from the help of a family law attorney.

My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.

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Posted

In addition to the other comments, I would add that if you are in the middle of a divorce proceeding, you can apply to the court for a temporary order or a limited judgment which could address the issue of the payment of temporary spousal support and the payment of debt prior to trial. I would encourage you to contact an attorney experienced in Oregon domestic relations law to sort out your options.

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