Will I get half of the property in our divorce? 25 Answers as of May 24, 2011

If I were about to get a divorce and my spouse of sixty-seven years had all our assets in only their name, could I get half of everything although all of it is in only their name?

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Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
Under New York law, and in absence of any other evidence, you should be entitled to half the property in your divorce under equitable distribution, even though the assets are all in the name of your spouse. The only exception would be property which your spouse (1) owned prior to the marriage, (2) acquired by gift during the marriage, or (3) acquired in an estate during the marriage, provided in all three cases that your spouse did not take any steps to make such property marital assets.
Answer Applies to: New York
Replied: 5/24/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes, property is either community or separate property based on when and how it was acquired. Whose name is on the property is not very significant, other than it is a very little piece of evidence that your spouse could use if he/she wants to assert it is separate property. The rule is: All property is community, unless someone can prove it's separate. The way you prove it is separate is by showing the Court that the property was in existence and the person's possession before the marriage, it was derived during the marriage by gift or inheritance, or it was purchased with assets that are separate under one of the first two exceptions (this latter one is called tracing). After 67 years, it would be a task to establish anything as separate through tracing due to the fact community assets have most likely be co-mingled.
Answer Applies to: Texas
Replied: 5/23/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
The question the court answers is was it used for the benefit if the marital estate? You may potentially stay married and just outlive them. Stay well.
Answer Applies to: Alabama
Replied: 5/20/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
After 67 years of marriage, yes I would ask that you receive half of the property, and you would be entitled even if it is not in your name. Contact our office today to discuss this situation and other options.
Answer Applies to: Illinois
Replied: 5/20/2011
Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
In general, except for some limited circumstances, regardless of whose name is on the title property that is acquired during the course of the marriage is viewed as community property. Therefore, each marital partner has an one-half interest in that property.
Answer Applies to: Washington
Replied: 5/20/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington State you are entitled to a fair and equitable division of all the assets and debts. That may be 50%, that may be less or more depending on many factors you don't reveal. Good luck.
    Answer Applies to: Washington
    Replied: 5/20/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law it does not matter whose name property is held in, but simply whether the property is community (acquired during the marriage, not by gift or inheritance). The court will divide community property, but the division may not be 50/50, depending on a number of factors.
    Answer Applies to: Washington
    Replied: 5/20/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    Georgia is an equitable division state. Anything accumulated during the course of the marriage as a result of marital efforts is subject to division, regardless of whose name in which the property is titled. The answer of "will you get half" is not as simple as it sounds and is dependent upon a variety of factors.
    Answer Applies to: Georgia
    Replied: 5/20/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    The title of the assets is not necessarily dispositive as far as award of property in divorce in Washington. How long have you two been married? If you reside in Western Washington, feel free to call me to schedule a free initial consultation-either in person or by phone-about your situation.
    Answer Applies to: Washington
    Replied: 5/20/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    In Minnesota, all assets are presumed marital and it is up to the party arguing that an asset has a non-marital characteristic to prove it. It matters little how property is titled. Divisions of property are made based on what a court deems to be equitable. Equitable does not mean mathematically equal, but, instead, what a court deems to be fair. As a general rule, the divisions are substantially equal.
    Answer Applies to: Minnesota
    Replied: 5/20/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Almost certainly, yes, you should get half of the assets that were acquired during your very long marriage. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/20/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    The answer would depend on the transactions that resulted in all the assets all being in your spouse's name, as well as your spouse's dealings with you regarding those transactions, whether there was a Premarital Agreement, and other factors.You should retain an experienced Family Law Attorney to represent you to seek your community interest in the assets acquired during your marriage, among other things.
    Answer Applies to: California
    Replied: 5/19/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, the Court divides property fairly and equitably (not necessarily equally, and title may be irrelevant).
    Answer Applies to: Washington
    Replied: 5/19/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    You would be entitled to an equitable division of the "marital assets," which includes property in both parties' names. Whether that would be a 50/50 split is impossible to determine at this stage, but with a marriage of 67 years you would be entitled to a significant share (barring any unusual circumstances) In any event, such a divorce would be highly contested and you will want to have a qualified divorce attorney represent you during the process. Best of luck.
    Answer Applies to: Massachusetts
    Replied: 5/19/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You are entitled to one-half of the community property. The title of such property is not necessarily determinative of who owns the property. If you are in my area and need an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 5/19/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    The general answer is yes. Regardless of whose name it is in, property acquired during the marriage, is generally considered marital property for purposes of division. There are some exceptions but in a marriage of 67 years, they probably don't apply. I would need to talk with you about all of this, but the general rule is as I have said. Please call if you want to discuss further.
    Answer Applies to: Oregon
    Replied: 5/19/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The name in which property is held is basically irrelevant. All property acquired during the marriage is presumed to be marital property until proven otherwise. All marital property will be divided equitably (i.e. fairly), not necessarily equally. While 50/50 is the usual starting point for consideration, the overall facts and circumstances could indicate that a different division ratio is appropriate. If the parties agree, that agreement is binding on the Court. If the parties cannot agree to what is fair, a judge will have to make that decision.
    Answer Applies to: Colorado
    Replied: 5/19/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes you can - if - the money that went into those properties was earned during that 67 year marriage. However, if it came from an inheritance, then no. However, even then, there are ways to address that situation as well. In other words, it will depend upon the facts of the case and how well your attorney handles your part of it. Good luck.
    Answer Applies to: New York
    Replied: 5/19/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    If the assets were acquired during the marriage, and there is no written agreement to the contrary, you are entitled to one half of the assets acquired during marriage. The fact that the asset may be only in the name of your spouse dies not change your entitlement.
    Answer Applies to: California
    Replied: 5/19/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    You require the services of a good family law attorney now. Yes you are entitled to 1/2 of the assets unless you signed something waiving those rights.
    Answer Applies to: California
    Replied: 5/19/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Any property acquired or purchased during the marriage, except that which was acquired by gift or inheritance, is community property, and is half yours. I am sorry to hear that you have to contemplate divorce after sixty-seven years.
    Answer Applies to: California
    Replied: 5/19/2011
    The English Law Firm
    The English Law Firm | Robert English
    Property acquired during the marriage is generally community property regardless of how it is titled, so yes, with some exceptions such as gift or inheritance property.
    Answer Applies to: California
    Replied: 5/19/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Regardless of who is on title, if an asset is acquired during marriage with community property funds, it will be treated as community property with each party entitled to half. If you have any further questions, please let me know.
    Answer Applies to: California
    Replied: 5/19/2011
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