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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7426
Experience:  Experienced Family Law Attorney
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My sister after 15 years of being married is getting a devoice

Customer Question

my sister after 15 years of being married is getting a devoice her and her husband have a house located in westbrook maine. he bought the house before they were married. she is not on the morgage or the deed is she intitled to 1/2 the equity of the house and 1/2 of all there assets?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
A few more minutes please as I look into this for you.
Expert:  LegalGems replied 1 year ago.
Maine is an equitable division state.
Expert:  LegalGems replied 1 year ago.
This means the court can divide marital property in a fair manner; which does not necessarily mean equal.
Expert:  LegalGems replied 1 year ago.
The relevant statute is here: http://legislature.maine.gov/statutes/19-A/title19-Asec953.html
Expert:  LegalGems replied 1 year ago.
Factors the court will consider in equitable division cases: he contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as a homemaker;the value of the property set apart of each spouse;the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live in the home for reasonable periods to the spouse having custody of the children.
Expert:  LegalGems replied 1 year ago.
However, any marital contributions are generally credited to the marital property
Expert:  LegalGems replied 1 year ago.
for example, a pivotal case: Tibbetts v. Tibbetts, 406 A.2d 70 (Me. 1977) - Determined that a property item can have both marital and premarital components and that the non marital interest must be transferred to the party entitled to it. Also described the "inception of title rule" as the basic principle of law, but that the "source of funds" rule is an equitable exception to it. Reversed in Long v. Long, 1997 ME 171.
Expert:  LegalGems replied 1 year ago.
so if the parties paid down the mortgage during the marriage, that can be credited to the marital estate.
Expert:  LegalGems replied 1 year ago.
Eaton v. Eaton, 447 A.2d 829, 831 (Me. 1982), citing Boyd v. Boyd, 421 A.2d 1356, 1357-58 (1980)The Court is not allowed to consider fault in the distribution of property on divorce.
Expert:  LegalGems replied 1 year ago.
Kruy v. Kruy, 2002 ME 14In Long, we affirmed the divorce court’s exercise of its discretion in making an equal division of the property notwithstanding differences in the parties’ original contributions to the purchase of their residence. We never indicated that it would have been an abuse of discretion to have divided the property otherwise. Also, the court, in order to satisfy equity considerations, can divide non marital property: Zeolla v. Zeolla, 2006 ME 118The court shall use the broad discretion it is granted under statute to equitably divide all the marital and non marital property, wherever that property is located. The court, having personal jurisdiction over both parties, had jurisdiction to divide all of the parties' property.
Expert:  LegalGems replied 1 year ago.
Of course, if the parties can agree, they can stipulate to a division, and the court will generally approve that division.
Expert:  LegalGems replied 1 year ago.
The court will only divide the property in most cases if the parties cannot come to an agreement.
Expert:  LegalGems replied 1 year ago.
The court will only divide the property in most cases if the parties cannot come to an agreement.
Expert:  LegalGems replied 1 year ago.
For spousal support, these are the factors the court will consider: 1) the length of the marriage; 2) the ability of each party to pay; 3) the age of each party; 4) the employment history and employment potential of each party; 5) the income history and income potential of each party; 6) the education and training of each party; 7) the provisions for retirement and health insurance benefits of each party; 8) the tax consequences of the division of marital property, including the tax consequences of the sale of the marital home, if applicable; 9) the health and disabilities of each party; 10) the tax consequences of an spousal support award; 11) the contributions of either party as homemaker; 12) the contributions of either party to the education or earning potential of the other party; 13) economic misconduct by either party resulting in the diminution of marital property or income; 14) the standard of living of the parties during the marriage; and 15) any other factors the Court considers appropriate. - #15 gives the court great leeway.
Expert:  LegalGems replied 1 year ago.
Please let me know if you have any questions.
Expert:  LegalGems replied 1 year ago.
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Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
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