Real Estate Law
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How is property divided in a divorce? What is considered 'marital' property? Going through a divorce can be a very difficult time and normally dividing property will take a legal turn. Many questions can arise and consulting a divorce attorney each time can be quite expensive. Read below where Experts have answered questions regarding property division.
If the wife gave the husband a Quit-Claim Deed to the property, then she would own no interest in the property, and it should not be property divisible in the divorce.
Case Details: There is a Deed signed to the husband that has not been recorded.
The only way to get around the judgment would be to have the grantor issue another Deed transferring the property to the wife directly. As is, if the Deed is recorded the judgment liens will go with it. So if the husband quit claims it to the wife it would come with the liens and the wife would have to resolve it. It’s possible the husband and wife might be able to get the grantor to redo the Deed based on the property division from the court. The wife should write the grantor explaining the situation, and telling grantor that the court awarded the property to the wife, and ask the Deed to be redone to avoid the husband’s judgment liens. This is the only way to avoid the judgments under Texas law. The other option would be to file a quiet title suit and seek to have the court award the wife a clear title. The court has the power to do this and that would give the wife clear title to the house if unable to get grantor to redo Deed.
Under Iowa law, separate property typically includes gifts and inheritances given to only one spouse, as well as personal injury awards received by one spouse. Therefore, any property purchased with the proceeds from the personal injury case would also normally be characterized as separate property of that spouse as long as the spouse can show the source of the funds used were from the personal injury case.
If the property is owned during the marriage, both husband and wife have a marital interest in the property. The courts do not care how the property is titled, whether it is in one spouse’s name or both. Because the property was owned during the marriage, a quit-claim deed would have to be signed by one spouse to the other or by both spouses to a third party.
Michigan is an equitable distribution state, which means that in the event of a divorce the “marital” property is “equitably” divided by the court. Marital property that is subject to equitable distribution is basically anything that is not considered to be separate property, and most income and appreciation on separate property that occurred during the marriage. Income attributable to the efforts of either spouse is marital property. An “equitable distribution” means fair, not equal, although it often is. The court in determining what is fair looks at the duration of the marriage, the assets and liabilities of the spouses, the monetary and nonmonetary contributions of each spouse and any other factor that the court expressly finds to be relevant and equitable. Property that is “separate” property is not divided by the court. This is true whether the house is in the husband’s name or wife’s name. Separate property that is not subject to property division includes inheritances, property owned before the marriage, personal injury awards, and gifts given to only one spouse.
A partition action can force the sale of the property and the division of the proceeds according to each owner’s respective interests. In the partition action the 75% owner can ask that he or she be credited for expenses paid. A partition action exists when real estate is owned by two or more people who are in disagreement over the sale or management of the property. It involves filing a court action requesting that the court order the forced sale or division of the property.
As seen above many questions arise concerning property division and a person’s legal rights and responsibilities. It is important to know where to turn for answers and guidance. Experts are available to assist you with knowledgeable, accurate answers.
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