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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32340
Experience:  Began practicing Family Law in 1992
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i am reading here that property is presumed to be marital property

Resolved Question:

i am reading here that property is presumed to be marital property with the following exceptions . property acquired by gift , legacy or descent . My brother and I were left a house in which he was left having to buy me out . At this time the property was conveyed In to both he and his wife's name . They are contemplating divorce , He still wants this property . And has proof of it being a legacy piece of property . Is it still considered marital property ?
Submitted: 6 years ago.
Category: Family Law
Expert:  JD 1992 replied 6 years ago.
What do you mean the property was conveyed in both his and his wife's name?
Customer: replied 6 years ago.
when he bought me out who ever handled this titled it in both his and his wifes name .
Customer: replied 6 years ago.
when he bought me out who ever handled this titled it in both his and his wifes name . I think they used some second mortgage company and when i requested about the taxes i was told it was in both their names .
Expert:  JD 1992 replied 6 years ago.
It is most likely going to be considered marital property then. Either that or they are joint tenants. Either way she now has an interest in the property.



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Customer: replied 6 years ago.

Even if joint tenants , still it was gifted to him .

Expert:  JD 1992 replied 6 years ago.
There are two theories whereby she owns an interest. The first is that by putting her name on it there is a presumption it was transferring some kind of ownership to her, whether it be a marital interest or a separate interest. Second, if they borrowed money while married for the purchase of your interest, then that makes the share that they bought from you marital property as well.



Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.



Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.



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