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My sister after 15 years of being married is getting a devoice

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her and her husband have...
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: 2 years ago.Category: Family Law
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7/22/2015
Family Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,524
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A few more minutes please as I look into this for you.
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Family Lawyer: LegalGems, Lawyer replied 2 years ago
Maine is an equitable division state.
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Family Lawyer: LegalGems, Lawyer replied 2 years ago
This means the court can divide marital property in a fair manner; which does not necessarily mean equal.
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Family Lawyer: LegalGems, Lawyer replied 2 years ago
The relevant statute is here: http://legislature.maine.gov/statutes/19-A/title19-Asec953.html
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Family Lawyer: LegalGems, Lawyer replied 2 years 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.
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Family Lawyer: LegalGems, Lawyer replied 2 years ago
However, any marital contributions are generally credited to the marital property
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Family Lawyer: LegalGems, Lawyer replied 2 years 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.
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Family Lawyer: LegalGems, Lawyer replied 2 years ago
so if the parties paid down the mortgage during the marriage, that can be credited to the marital estate.
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Family Lawyer: LegalGems, Lawyer replied 2 years 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.
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Family Lawyer: LegalGems, Lawyer replied 2 years 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.
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Family Lawyer: LegalGems, Lawyer replied 2 years ago
Of course, if the parties can agree, they can stipulate to a division, and the court will generally approve that division.
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Family Lawyer: LegalGems, Lawyer replied 2 years ago
The court will only divide the property in most cases if the parties cannot come to an agreement.
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Family Lawyer: LegalGems, Lawyer replied 2 years ago
The court will only divide the property in most cases if the parties cannot come to an agreement.
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Family Lawyer: LegalGems, Lawyer replied 2 years 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.
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Family Lawyer: LegalGems, Lawyer replied 2 years ago
Please let me know if you have any questions.
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Family Lawyer: LegalGems, Lawyer replied 2 years ago
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Family Lawyer: LegalGems, Lawyer replied 2 years ago
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
If you found the information I provided useful, kindly rate positive as that is the only way the site is allowed to credit me so that I am compensated for the time I spent- which does not result in additional charges to the customer.
Thank you for extending this courtesy as I am an individual contributor so ratings are quite important , and take care!
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