What Happens to Property Added to a Deed Before Marriage?

Question from boogie, What Happens to Property Added to a Deed Before Marriage?

Answer from AI:

When dealing with property ownership and divorce, the specifics can get quite complex, especially when one party is on the deed but not on the loan. Here’s a general explanation of how this situation might be handled in the United States.

Understanding Property Ownership and Divorce

In the context of divorce, property division can depend on several factors, including whether the property is considered marital or separate property. Here are some key points to consider:

• Marital Property: Generally, any property acquired during the marriage is considered marital property and is subject to division upon divorce.
• Separate Property: Property owned by one spouse before the marriage, or acquired by gift or inheritance, is typically considered separate property and is not subject to division.

Adding a Partner to the Deed

When you added your girlfriend to the deed before marriage, you effectively made her a co-owner of the property. This action can have significant implications:

• Joint Ownership: By adding her to the deed, you may have created a joint tenancy or tenancy in common, depending on the wording of the deed.
• Equity vs. Property Value: The distinction between equity and property value is crucial. Equity is the value of the property minus any outstanding mortgage or loans.

Division of Property in Divorce

In a divorce, the division of property can vary by state, but here are some general guidelines:

1. Equitable Distribution States: Most states follow equitable distribution laws, meaning the court will divide property in a way that is fair but not necessarily equal. Factors considered may include the length of the marriage, contributions to the property, and each party’s financial situation.
2. Community Property States: In community property states, property acquired during the marriage is typically divided 50/50. However, since you added her to the deed before marriage, this might complicate the division.

Determining Her Share

To determine whether she gets 50% of the property value or just 50% of the equity, several factors need to be considered:

• Contribution to Mortgage Payments: If she contributed to mortgage payments or property maintenance, this could affect her share.
• State Laws: The laws of your specific state will play a significant role in determining the division. For example, California (a community property state) might handle this differently than New York (an equitable distribution state).
• Deed Language: The specific language in the deed and any agreements made at the time of adding her to the deed will be important.

Consulting a Legal Professional

Given the complexity of property division in divorce, it is crucial to consult with a legal professional who can provide personalized advice based on your specific circumstances. They can help you understand your rights and obligations and guide you through the legal process.

For more detailed information, you can refer to resources such as:

• Cornell Law School’s Marital Property Overview
• Nolo’s Guide to Dividing Property and Debt in Divorce

Remember, while this information provides a general overview, each case is unique, and professional legal advice is essential for navigating your specific situation.