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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33191
Experience:  Attorney with 15 years experience
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I moved in with my "boyfriend" in February 2010. We moved

Customer Question

I moved in with my "boyfriend" in February 2010. We moved into the new home in September 2010. In May of that year, he started building a new house and in 2012 we got married. We are having significant marital problems; the house is in his name only. Would I be entitle to anything?
Submitted: 6 months ago.
Category: Family Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..You are currently married, correct?.The home you moved into in Sept 2010....was it a rental or did he purchase it prior to marriage?.The house he was building, were you on the deed to the property or not?.How many houses are currently owned right now?.Where did the money come from or any mortgage or to pay for construction?.thanksBarrister
Customer: replied 6 months ago.
Yes, we are currently married. We moved in together in February 2010. The new house was completed in September 2010 (we didn't marry until September 2011). Part of the money was mine, although I'm not 100% sure I can prove it. His name is ***** ***** name on the paperwork.
I found out in April 2015 that he is HIV+ although he never told me, and now he's having an affair (I'm sure she isn't aware of his HIV status either).
I have mineral rights that were leased in October 2015 for $200,000 and I put that money into a joint account.
Expert:  Barrister replied 6 months ago.
Ok, if the house was purchased and completed prior to the marriage, then if it is only in his name, the presumption would be that it is his separate property because it was acquired before you got married. However, if you contributed money to it as an investment in it and can prove it, then you could maintain a claim that you should be reimbursed for your contribution since it wasn't a gift..As for the mineral rights money, if you put that into a joint account, then the presumption is that it is a marital asset that would be divided evenly..But if you owned the mineral rights prior to marriage, those would be your separate property and you would take them with you are your separate property should you divorce...thanksBarrister

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