Divorce and Property

Mani con chiave sfondo azzurroMum is the word- sometimes, unfortunately. That was the case for one woman, who ran into multiple questions regarding the condo she and her hopefully soon to be ex-husband share. The catch, however, is that the loan for the condo is carried under his mother’s name.

In detail, she and her husband have lived together in this condo since 1999. Her name is not on the title or the loan of the condo, which is carried, again, by her husband’s mother. The couple make the house payments and claim them on their taxes together. They both also pay the property taxes. She wants to know how she can ensure that she gets “her half” in the property division of the condo property after they divorce.

Let’s be blunt. Based on what she’s told us, there’s probably no way to “make sure” she gets “her half” of the condo. It sounds like the husband’s mother bought the home for him, and left her daughter-in-law intentionally off of the deal. If that’s true, “her half” doesn’t exist so there will be no property division. What she can do: talk to a lawyer and give him or her all the facts she knows. She should bring a copy of the deed with her. If she doesn’t have a copy of the deed, she can get one at the recorder’s office. I expect the only way to create a half interest in the condo in her favor would be for the husband to deed half of it to her. She might ask him to do so and see what happens- it couldn’t hurt if that’s the only option.

For more information on property in divorce, please visit our website: http://stanprowse.com/property-division-in-divorce

 

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