How do I divide our assests during a divorce? 28 Answers as of July 11, 2013

My house was left to my husband by his father when he passed away while we were married with 2 children. I was wondering if there is any chance that i could gain the house if and when we divorce and if not and i have to move out with the children how do I find out the amount of my child support and if im having to rent is that also looked at when considering the amount of child support.

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If your husband inherited the house, it is his separate property. If there was still money owing on the mortgage when he inherited the house, you may have a pro tanto community interest in the house, based on the mortgage principal paydown during the marriage, and to the extent the house was improved with community funds (your income or his income) during the marriage. It is unlikely that you could receive the house in a divorce, because it is all or mostly your husband's separate property. You will likely be entitled to Spousal Support, and if you get sole or primary custody of your children, you will likely be entitled to Child Support, which is based on your husband's income, your income, and the custodial timeshare. You would best retain an experienced Family Law Attorney to represent you in the divorce.
Answer Applies to: California
Replied: 7/23/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
There will need to be more information before your questions concerning the house can be answered. As to the child support issue, expenses are not generally taken into account.
Answer Applies to: Connecticut
Replied: 7/20/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
If the house was inherited by your husband it is unlikely that the Court would award you the house in a divorce. An attorney could figure child support for you in compliance with the Alabama Child Support Guidelines, but rent would NOT be included in the calculation.
Answer Applies to: Alabama
Replied: 7/20/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
In a divorce, assets get divided only one of two ways. Either you and your spouse reach an agreement on how to divide all of the debts and property, or, the two of you have to go to trial and let the court divide the debts and property the way it sees fit. The court in dividing the property has to first classify all of the debts and property as to either your separate debts and property, your spouse's separate debts and property, or community debts and property. Whether the house will be separate or community property will depend on the exact wording of your husband's father's will. It is most likely your husband's separate property, but that is not guaranteed. When the court divides the property it has to divide it in a way that seems fair and equitable to the court. The court can mix and match your separate property , his separate property and community property. In addition, the court is supposed to consider things like the ages of the parties, the health of the parties, educational background, work history, and several other factors. So, there is no fixed formula for dividing the property. In terms of child support, it is determined by using the number and ages of the children and each of the parties' incomes, plus, at times, certain other data. This information goes into a formula and a chart. From the formula and chart comes the child support number. In general, your rent is not part of that calculation.
Answer Applies to: Washington
Replied: 7/20/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Marital property is to be fairly divided.
Answer Applies to: Colorado
Replied: 6/26/2013
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    Property division starts at 50/50 but can be negotiated for various reasons, such as gifts or inheritance. Facts that came about after that are also relevant - such as whether you both took a new mortgage, etc. on the property. Child support is 25% for two children of gross income, but is reduced by a formula if there is a form of shared placement. Housing costs are not considered under the formula, but that is considered if maintenance (alimony/spousal support) is a question.
    Answer Applies to: Wisconsin
    Replied: 7/19/2011
    Gulstrom, Henson & Petrie, PC
    Gulstrom, Henson & Petrie, PC | Tami Monek
    If the house was left to your husband (and not to you and your husband), it is his sole and separate property. Thus, the Court is without jurisdiction to award the house to you. Concerning child support, most if not all courts will decide child support according to the Idaho Child Support Guidelines, which are found in Idaho Rule of Civil Procedure 6(c)(6). Child support is normally a calculation where rent is not considered. However, the amount of overnights the children stay with each parent, each parent's income, and who is awarded the dependency exemption for tax purposes are the regular questions in determining child support.
    Answer Applies to: Idaho
    Replied: 7/19/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Child support is based primarily on incomes, not expenses. See an attorney for a free consultation or searchWashington Court forms to getan idea of the child support. Assets are divided fairly and equitably. If the house is your husband's separate property, the court will consider that.
    Answer Applies to: Washington
    Replied: 7/19/2011
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    Yes, in a non-community property state such as Rhode Island there is a doctrine is called transmogrification. Consult with a family court attorney to better understand how a marital asset such as a house may be transmogrified into a joint asset. The factors are dependent on the facts. Child support is a separate issue calculated according to published guidelines .
    Answer Applies to: Rhode Island
    Replied: 7/19/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law inheritances are treated as separate property. Unless the house was put into both names during the marriage, it is unlikely that the house would be included in the community property being divided or that it would be awarded to you in a divorce. Child support is calculated based on the incomes or potential incomes of the parties, not based on your expenses, therefore the amount of your rent would not affect the child support amount. To find out what child support might be, either talk to an attorney in your area who can run a calculation for you, or look for a Washington State child support calculator online.
    Answer Applies to: Washington
    Replied: 7/19/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    A house received as an inheritance is separate property so you are not entitled to the house. It belongs to your husband. There may be reimbursement claims, etc. but that is a broad topic for another discussion. Your rent does not factor into child support. The law assumes child support will be a percentage of your husband's net resources (all income less tax deductions for a single person claiming one exemption). There are ways to get over the presumptive amount and there are ways for him to get under that amount, but both variances are rare.
    Answer Applies to: Texas
    Replied: 7/19/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You really need a sit down with a lawyer. Your issues are too complicated to handle online.
    Answer Applies to: Michigan
    Replied: 7/11/2013
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You need to consult with an experienced family law attorney. If the house was a gift to him and paid for, then it is a non-marital asset not subject to equitable distribution. However, if it was a gift but NOT paid for, then it may be partially marital. Either way, it is possible that you might be allowed to stay there with the children, at least until they emancipate. And child support is based on the Florida Child Support guidelines. Rent would not be considered. However, depending on your circumstances, you may qualify for an alimony award. As stated, you need to consult with an attorney.
    Answer Applies to: Florida
    Replied: 7/19/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Inheritances usually stay with the person, but if the children are minors the court may give you use and possession until the children reach majority. Child support is set by Florida statute 61.30 available online and rent has no bearing. The formula is in the statute.
    Answer Applies to: Florida
    Replied: 7/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    All assets are part of the marital estate to be divided. Child support is based on the income of both parties. You should consult with an attorney in your area for more detailed responses.
    Answer Applies to: Connecticut
    Replied: 7/25/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you contact a divorce lawyer in your area as soon as possible concerning all your questions, and your rights and options. Generally, as to child support, it is based on the child support guidelines, which, in turn, is based, generally, on each parent's income, along with some other factors, including daycare costs and healthcare costs, for the kids. Again, see a lawyer ASAP. Good luck!
    Answer Applies to: Georgia
    Replied: 7/19/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    You divide up assets however you agree in mediation or however the judge decides at trial. You can always try and get the house and you may have to hold your ex spouse harmless in order to get the result you are looking for.
    Answer Applies to: Utah
    Replied: 7/19/2011
    Rosenberg & Press, LLC
    Rosenberg & Press, LLC | Christopher D. Hite
    It's infinitely more complex than the answer you are hoping for.
    Answer Applies to: Connecticut
    Replied: 7/4/2013
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Inherited property is usually separate property of the receiving party. It is possible for separate property to be "set aside" to the other party, but it is not often done.
    Answer Applies to: Nevada
    Replied: 7/19/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    This is not an easy question to answer. The house appears to be the separate property of your husband due to its being an inheritance. However, if you made mortgage payments on the house during the marriage then you may be entitled to reimbursement for those community property payments. As to child support, there is a court approved computer program called dissomaster which can help you determine the likely amount of child support. You will need to visit an experienced family law firm to obtain more specific information.
    Answer Applies to: California
    Replied: 7/19/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If your husband inherited the house individually in his name, you could not make a claim for equitable division of the marital property, but you could ask for the house to be awarded as alimony. You need to have a consultation with a family law attorney regarding your specific circumstances.
    Answer Applies to: Georgia
    Replied: 7/19/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Ownership of the house will depend upon whether the asset was co-mingled with other joint assets by putting your name on the deed. If your name is not on the deed, it is likely the court will define the house as separate property of your husband. This does not necessarily mean you will have to immediately vacate the premises. Please see a domestic relations attorney near you for answers to all of your questions.
    Answer Applies to: Ohio
    Replied: 7/19/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    The court will divide assets fairly and equitably, but there appears to be separate property considerations in your matter. Child support is based on a table, your incomes and the ages of the children.
    Answer Applies to: Washington
    Replied: 7/19/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    If the house was acquired by inheritance, it may be his separate property asset. However, if the mortgage was paid down through the marriage (he inherited the house with the encumbrance) you may be entitled to reimbursement. Please consult a lawyer about this issue. Child support, on the other hand, is calculated by either Dissomaster or X-spouse computer program and is based on the incomes of the parties and timeshare.
    Answer Applies to: California
    Replied: 7/19/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    There is a legal presumption that any asset acquired during the marriage, including assets acquired by inheritance, will be divided equally on divorce. The law in this area is changing so you should consult an attorney right away. You can estimate your child support online, at the State of Oregon, Department of Human Resources, Division of Child support website. Your rent is not considered in determining child support, but may be a factor in determining whether you are entitled to spousal support.
    Answer Applies to: Oregon
    Replied: 7/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    First of all, get a lawyer. You need one. Usually the home will be his separate property, but under some fact patterns a lawyer may find a way to make some claim against it. Child support also must be determined, and good counsel will help protect your interests.
    Answer Applies to: Georgia
    Replied: 7/19/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Assets are divided based on what a court deems is equitable. In considering what is equitable, a court must make note of non-marital claims. A non-marital claim may relate to an asset that was acquired by inheritance, or predated the marriage. The burden of proving that an asset is premarital falls to the party making the claim. All assets are presumed marital until proven otherwise.
    Answer Applies to: Minnesota
    Replied: 7/19/2011
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