Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   How do we divide property (https://www.askmehelpdesk.com/showthread.php?t=238492)

  • Jul 17, 2008, 08:17 AM
    Saanum
    How do we divide property
    I have lived in a common law relationship now for 4 years. We have bought a house together... he has put a lot of money into the house for renovations, etc... I maintain bills as well. The house is in both our names.
    If the relationship was to expire... what are my rights as far as my equity out of the house.
  • Jul 17, 2008, 08:22 AM
    N0help4u
    Keep all receipts. A lot may depend if your state goes by common law.
  • Jul 17, 2008, 08:24 AM
    ScottGem
    If you bought the house together and both names are on the deed then you each have an equal share.
  • Jul 17, 2008, 08:29 AM
    JudyKayTee
    Quote:

    Originally Posted by Saanum
    I have lived in a common law relationship now for 4 years. We have bought a house together...he has put a lot of money into the house for renovations, etc...I maintain bills as well. the house is in both our names.
    If the relationship was to expire...what are my rights as far as my equity out of the house.


    Your common law rights - time frames and if common law even exists - vary by State.

    Otherwise you own property jointly and have the same rights as if you owned it jointly with anyone else.

    States which recognize common law are: (other States do recognize common law over a longer period than 4 years or recognize common law marriages which started in a State which DOES recognize common law):

    Alabama
    Colorado
    District of Columbia
    Iowa
    Kansas
    Montana
    Oklahoma
    Rhode Island
    South Carolina
    Texas
    Utah
  • Jul 17, 2008, 08:40 AM
    N0help4u
    What I was thinking is for it to be 50/50 it would have to be a common law state
    But if they prove their share of investments then it would be divided more along a partnership or something?
  • Jul 17, 2008, 08:58 AM
    ScottGem
    I don't think the common law issue comes into play here. It might come into play if one party was not on t he deed. But as long as both parties are on the deed, then they have an equal share in the property. Where the common law aspects might come into play is if he is claiming that he made a much greater investment in the property. In that case, he MIGHT (longshot) be entitled to a larger cost basis. For example, lets say they paid $200K for the house and he put $25K in improvements. His cost basis might be $125K and her's $100K. If they sell the house for $300K then he gets $125, she gets $100 and they split the remaining $75K.
  • Jul 17, 2008, 09:57 AM
    JudyKayTee
    Quote:

    Originally Posted by ScottGem
    I don't think the common law issue comes into play here. It might come into play if one party was not on t he deed. But as long as both parties are on the deed, then they have an equal share in the property. Where the common law aspects might come into play is if he is claiming that he made a much greater investment in the property. In that case, he MIGHT (longshot) be entitled to a larger cost basis. For example, lets say they paid $200K for the house and he put $25K in improvements. His cost basis might be $125K and her's $100K. if they sell the house for $300K then he gets $125, she gets $100 and they split the remaining $75K.



    Umm - I don't know. Could get tricky. Was there an agreement? Did he pay the repairs and so she paid the electric? Married divisions of property are brutal; unmarried are even worse.

    If we agree that you are going to pay for household repairs and in exchange I am going to pay the utilities (and it could be the other way around), should you get your money back and I don't - ?

    Good points but I don't honestly know how a Court would decide.
  • Jul 17, 2008, 10:05 AM
    ScottGem
    Quote:

    Originally Posted by JudyKayTee

    Good points but I don't honestly know how a Court would decide.

    Neither do I. I only mention it as a possibility.

  • All times are GMT -7. The time now is 01:50 AM.