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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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My wife began the process of buying another home, before I

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My wife began the process of buying another home, before I was served the divorce summons, October 20,2012 She received the deed for the home ten days after I was served, Nov.9, 2012. Am I entitled to one half the value of that home. We live in West Virginia

Thank you for contacting with your question. I will provide legal information related to your question.

If she bought a home during marriage you may have an interest in the home but since West Virginia is not a community property state, her buying it before you were legally divorced does not automatically make it a marital asset. If you had been living separately and she was living on her income and you living on your income and she made the purchase with her money, not marital money, then most likely a court will find it is her separate asset and you have no claim to it. You have no "entitlement" by law unless you prove it was a marital asset.

Customer: replied 3 years ago.

She may have obtained a home equity loan against her half of our house to purchase the home. No, we do not live apart. She is retired and I am still working. Married for thirty seven years.

Then based on that information it does sound like she used marital assets and you would have a right to an equitable share of the home. That does not mean half but the judge for your divorce would determine what her ability to provide for herself will be after divorce, your ability, the assets that you each would walk away with and decide how to split it taking into account the new home and it's value.

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