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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my home was granted to me in a prior divorce settlement 18

Customer Question

my home was granted to me in a prior divorce settlement 18 yrs ago. i paid my mortgage with cashiers check on my name but from a joint acct. ipaid my property taxes w/ cachier's check , but from a joint account , exept the last 2 yrs i paid them from an I R A account on my name. all insurance claims totaling aprox $60,000 came on my name but were deposited on joint accounts. She moved in 16 yrs ago. we own 2 other properties in common, purshased w/in the last 3 yrs. car on my name, boat on my name, registered on my home. electric on my name. who owns the home?
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Is her name on the title? Was it before the divorce? Was it ever taken off? Was it put on there AFTER the divorce?
Customer: replied 5 years ago.
no, neverbon the title. never on the mortgage satisfaction recorded in fl
Customer: replied 5 years ago.
no, never on the title. never on the mortgage satisfaction recorded in fl
Expert:  Ely replied 5 years ago.
Thank you. Just to clarify - this is your ex-wife moving in with you again, or someone else? My apologies.
Customer: replied 5 years ago.
someone else, and then i married her . i owned the house w prev. wife for abot 3 yrs prior to her moving in, and then i married her aprox 2 yrs after that. so she did not come into the picture for at least 3 yrs after purshasing home w/ previous wife and 2 yrs after court granted it to me on a divorce settlement. never the less she has been my wife for more than 13 yrs and living here at least 13 yrs. title on my name, mortg satisfaction on name.
Expert:  Ely replied 5 years ago.
Thank you. So your new wife's name was never on the title of the home, or was her money used in payment for the home, correct?
Customer: replied 5 years ago.
i paid with cashier's check on my name but from joint acct. taxes paid w cashier;s chk.on my name but from joint acct. except taxes paid for the last 2 yrs w chks from my personal retirement acct. of course the 1st 4 yrs of payments of a 15 yrs mortg , she was not on the picture. house granted to me on a prev. divorce settlement
Expert:  Ely replied 5 years ago.
But you received/b> it in the decree. So it was originally yours. paying mortgage does not attach community property value to it. And her name is XXXXX XXXXX the title. Therefore, this should be seen as yours if you divorce.

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Customer: replied 5 years ago.
so why a prenuptual agreement? i got on a divorce settlement in fl. and when i got it i still had an 11 yrs to pay out of a 15 yrs mortg. and she has been living here and contribbuting for those 11 yrs. she was never on the title. you mean to tell me she has no right to some part of the increase in value?
Expert:  Ely replied 5 years ago.
You mean she is asking to have one signed?