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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31016
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I might be getting a divorce and I am curious of situation

Customer Question

I might be getting a divorce and I am curious of situation of my house being marital property. The purchase offer and acceptance was done before marriage but closing was untill 41 days after marriage. I am wondering if the courts go by closing date or not.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Roger replied 6 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Generally, if you lived in the property as your marital residence, you'll have an equitable ownership interest in the property even if it was purchased before the marriage and even if your name doesn't appear on the title or loan documents.

Customer: replied 6 months ago.
if it was sold as a result of a divorce the other party would get half of the profit?
Expert:  Roger replied 6 months ago.

Well, the court would have to equitably divide the proceeds from the sale -- equitably doesn't always mean equally........and the court can consider who paid for the house, who made the down payment (if one), etc., and there could be one spouse that ends up with a larger portion of the proceeds than the other......but usually, courts divide the property equally -- or very close to it.

Expert:  Roger replied 6 months ago.

Please let me know if you need anything further, Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 6 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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