Ex’s Name on Deed to the House: What Does That Mean?

Question:

I purchased property in 1987 and improved it with a two-story home and a two-story garage prior to being married in 1998. I did not put my spouse’s named on the deed until 2002.

My spouse left and filed for divorce in 2013. What, if any, portion of the current market value would my spouse be entitled to receive?

Answer:

I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that jurisdiction and can only provide you with general tips on divorce.

In my state, once a spouse puts property in joint names, it is presumed that it becomes marital property subject to division. Depending on a number of factors, the court can divide all marital property equally or disproportionately, so long as the distribution is deemed “equitable.”

One of the factors the Courts consider; however, is each party’s contribution to the acquisition of the marital property. Assuming the home was not owned outright at the time you put your spouse’s name on the deed, your spouse would likely have some interest based on an increase in equity since 2002. What that interest may be is indeterminable with the limited facts presented. However, your state may not have similar laws regarding differentiation between marital and separate property.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your jurisdiction and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri divorce lawyer William Halaz, contact Cordell & Cordell.