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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102320
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Where would I go to find the new statutes regarding proper

Customer Question

Where would I go to find the 'new' statutes regarding property purchased as sole and separate because the other spouse's credit was able to be used in securing the loan. I know there was something passed that can warrant the looking into the reasons for one spouse signing a Quit Claim Deed... I had my idenity stolen. since that time everything was put into my husband's name... now we are getting a divorce and he is claiming our home as his sole and separate property... is there anything I can do?
Submitted: 7 years ago.
Category: Family Law
Expert:  Ely replied 7 years ago.

My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Community and separate property are not statutized in Idaho. It is legal doctrine which has been applied and recognized throughout all of US; few states put it in statute.Separate property and debt is property that is generally:

1. Only your name appears on the account, title, ownership, and or registration document; or

2. Acquired by gift or will or similar legal way by spouse during marriage; or

3. Declared as such by prenup or postup; or

4. Traceable property purchased by one spouse only; or

5. Tort Recovery for personal injury, but not medical expenses or loss of earning capacity.

Community Property and debt is everything else, including but not limited to:

1. Income from BOTH parties; or

2. Declared as such by prenup and postup; or

3. Gift from one spouse to another; or

4; All titled and non-titled property gathered during marriage.

Community property is AUTOMATICALLY ASSUMED unless proven to be separate property by a party “by a preponderance of the evidence.” Community property and debt is split 50/50.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.

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Customer: replied 7 years ago.

This is not an answer to my question.

I know there is something that was passed. it may not be called what I called it. However, it does have to do with 'why one spouse gave interest over to another" I am not satisfied with this answer.

Expert:  Ely replied 7 years ago.
Dear Customer,There is no new law that just came out. If you do not believe me, you can compare the summary I gave you with the actual Idaho Domestic Relations code, which governs SOME aspects of community/separate property, and is the only code of the state to do so. Any changes to this matter would be updated here:
Customer: replied 7 years ago.
Relist: Inaccurate answer.
I will not agree to pay $28 for the answer and do not want any other answers. I found the accurate information on my own.