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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2432
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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This question is about my son's legal situation. s wife of

Customer Question

This question is about my son's legal situation. His wife of more than 15 years
unjustly accused him of hitting their son and she got protection order against him and had him shut out of his own house. This happened in June of 2015. Moreover, in his house my son worked in his own business, managing his own old age home for 4 clients. He had very good income and after he was shut out of the house his wife and her mother took over the business. My son was arrested for hitting his son but was bailed out immediately.
His wife filed for divorce immediately after shutting him out of
his house. Their divorce trial or closing will be in May, 2016. His wife
wants his house and business and everything. There is a mortgage on the
house of 250,000. My son financed his wife's education as a nurse and paid
for her whole family to emigrate to this country, etc.
My son pleaded guilty to a lower charge for hitting his son even
though he wasn't guilty of the charge( I disagreed with his doing this).
My son would like to save his house. He had a prenuptual contract
with his wife when they first got married or before getting married giving
him his house which he and I bought way before his wife came to
the United States on a fiancé visa.
My question is whether under Washington law, my son could
possibly save his house legally by quitclaiming his house to me?
And then could I have his wife and son evicted.
His attorney says that he can't do that because the divorce has been
filed already and that he must share his house with wife.
Thank you
Ana Maria
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.

Quit claiming the house to you would not help because the divorce is pending and there is a dispute as to the ownership of the home. The fact that the home was acquired before the marriage would normally mean that the house is his separate property. That would change if your son added his wife onto the title. The prenuptial agreement is a second reason that the house should be his separate property. Without seeing the prenuptial agreement, I can't tell whether it's valid. But even if the property is determined to be your son's separate property, in Washington, the judge can give one party's separate property in the divorce, in order to equalize the division of community property. Let me give you an example of how this can work. Suppose a husband and wife own a house worth $100,000. If he keeps the house, he would owe the wife $50,000. If he doesn't have &50,000, the court can order him to give $50,000 of his separate property to his wife to pay her for her portion of the community property.

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