Can my wife still get interest on a shared property? 26 Answers as of August 05, 2011

If I go through the divorce process, will there be any problem if my wife is still on the house title? We have been separated for many years. Im the only one who claims this property on my taxes. She will be released any interest on this property.

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The Court will make a fair and equitable division of assets and liabilities. Title alone is not a basis for such a division.
Answer Applies to: Washington
Replied: 8/5/2011
Keri Burnstein, P.C.
Keri Burnstein, P.C. | Keri Burnstein
This needs to be spelled out in the final judgment of divorce.
Answer Applies to: Michigan
Replied: 7/27/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
Can she? Yes. Will she? From what you write, it is not as likely.
Answer Applies to: Connecticut
Replied: 7/26/2011
Michael Edwards, Attorney at Law
Michael Edwards, Attorney at Law | Michael Edwards
Yes, the issue of who is awarded what marital property is one that must be resolved in your divorce. However, the points you bring up can be used to pursued her to agree as you are hoping. Good luck!
Answer Applies to: Utah
Replied: 7/26/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
Yes, there can be problems. Speak to an attorney in your state to discuss your liabilities and exposure if the deed is not properly transferred.
Answer Applies to: Rhode Island
Replied: 7/26/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If you can prove that you have paid the mortgage, taxes, ect and that you have been separated for many years, the Court will award the property to you solely.
    Answer Applies to: Alabama
    Replied: 7/25/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    If the house was purchased during the marriage, then, it is probably community property. If it is still a community asset, then, both you and your spouse have an interest in the house and in the mortgage. When you go through a divorce, the net equity in the house will have to be calculated and included in any eventual property division. After the divorce, one of you will be awarded the house and be responsible for the mortgage. Therefore, after the divorce, that person would be entitled to claim all of the mortgage interest deduction on interest that is paid after the entry of the decree. As to who can claim the interest between now and the time that the decree of dissolution of marriage is entered, you should probably contact a tax specialist like a CPA.
    Answer Applies to: Washington
    Replied: 7/25/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    As part of the divorce agreement, you can each agree to award the property to you, then a quit claim deed is done after the divorce/end of divorce, so you are sole owner of the property. You may also need to refinance the mortgage so you can remove her name from the obligation.
    Answer Applies to: Wisconsin
    Replied: 7/25/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If the house was purchased during the marriage, your wife has a community interest in the house. To the extent that you paid down the mortgage after separation, you have a right to reimbursement. Why would your wife be willing to release her interest in the property without receiving compensation for it? You would best retain an experienced Family Law Attorney to represent you in your divorce.
    Answer Applies to: California
    Replied: 7/25/2011
    Owings Law Firm
    Owings Law Firm | Tammy B. Gattis
    It's marital property.
    Answer Applies to: Arkansas
    Replied: 7/24/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    Will your Wife agree that she has no interest in the property? What is the length of your marriage?
    Answer Applies to: Massachusetts
    Replied: 7/24/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Sorry, we would need much more information to be able to intelligently answer your question. We would have to know how long you owned property? Did you purchase it before or after marriage? How did you make the payments on the property and how did you pay the property taxes during the marriage. So many more questions need to be answered before any lawyer can answer this question.
    Answer Applies to: California
    Replied: 7/24/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    It's not clear to me what you are asking. The court will make a fair and equitble division of all your property. If property is missed, you will technically own it as tenants in common, something you don't want to have happen so you want the court to divide all the property. See mywebsite for how a court decides how to divide property and debts.
    Answer Applies to: Washington
    Replied: 7/24/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you retain a divorce lawyer concerning all your rights and options. You did not provide sufficient facts here to know whether or not she might have an equitable interest in the marital property, but you should ask your own divorce lawyer about this and other divorce issues. Good luck.
    Answer Applies to: Georgia
    Replied: 7/24/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    She will have to quit claim her interest to you.
    Answer Applies to: Connecticut
    Replied: 7/24/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Any asset acquired during the marriage is marital and capable of division. Any person seeking a different determination has the burden of showing that the asset or equity was not acquired through effort. In a case where the parties are separated, there would be an argument that only the equity accrued during the marriage and before separation should be divided. Title is meaningless with regard to property division in a divorce.
    Answer Applies to: Minnesota
    Replied: 7/24/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Unless you agree on a division of the home, it is up to a court how it may be divided. Discuss the details with your lawyer (and yes, you need one).
    Answer Applies to: Georgia
    Replied: 7/23/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If the house was acquired during the marriage, it is marital property subject to equitable division. However, if she's been out of the house for a long time, it is probably likely that you would get awarded possession of the house. How any equity would be split would be according to the facts of your case.
    Answer Applies to: Georgia
    Replied: 7/23/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Your wife is entitled to a share of the marital property. The house may or may not need to be a part of her share. Moe important: is the house financed? If it is then you will have to refinance the balance to keep the house. Discuss this issue with your domestic relations attorney.
    Answer Applies to: Ohio
    Replied: 7/23/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    The characterization of the real property as "community property" or your "separate property" can't be determined based on the limited facts provided in your question. It would be wise to hire a local family law lawyer to analyze your property to determine its proper ownership and division.
    Answer Applies to: California
    Replied: 7/23/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    More information is needed to establish the scope and extent ( if any) of any community property rights your wife may have to this real property. I urge you to meet with an attorney to review your specific situation for the purposes of determining the best approach to take.
    Answer Applies to: California
    Replied: 7/23/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    All marital property will be divided fairly. It is presumedmarital if you acquired it during the marriage, regardless of whose name is on the title. If you and your wife can't agree on what is fair, a judge will decide after examining the overall facts and circumstances. Claiming property on your taxes, whatever you mean by that, has nothing to do with what "can" happen in a divorce. It may or may not be relevant to what "should" be done in the big picture of things. You need to consult an attorney to review all the relevant facts and circumstances in order to give you a better idea of your options and the possible outcomes in a divorce.
    Answer Applies to: Colorado
    Replied: 7/23/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, if your wife is on the title it is likely that it is community property, which means she would have an interest in subject to division in the divorce. If you have been making the payments on the property since you separated, you may also have some separate interest in the property that should be reimbursed to you. Certainly she can release her interest in the property if she so chooses.
    Answer Applies to: Washington
    Replied: 7/23/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Yes
    Answer Applies to: Wisconsin
    Replied: 7/23/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You must, must speak to a divorce attorney and get some advice before you do anything. If she is on the deed, then she owns it with you. You must deal with this before taking any action. I can help you with this. And I will tell you up front what it will cost to do this for you. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 7/23/2011
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