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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I Married my wife in 2009 at which time our home was deeded

Customer Question

I Married my wife in 2009 at which time our home was deeded to my wife, her mother, and her father. Each shared a one third split with survivors rights. 2014 the parents removed themselves and I was added. 2014 appraisal was $255,000 minus a $66,000 home equity loan taken in 2013. Making each share worth about $63,000 each. Fast forward 2016 divorce. I'm being told I don't have a half share. My question is if her parents wanted her to have it all, they needed not do anything with the deed in 2009 and or write provisions as in the 2014 deed with percentage of ownership. I have dumped a ton of money into the property and is currently worth $346000 minus $59,000, leaving approx. $287,000 in equity. What is your take on this
Submitted: 11 months ago.
Category: Family Law
Expert:  Ely replied 11 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
I am sorry to hear about this situation. Please tell me:
1) Has divorce been filed yet, or not?
2) Who is telling you that you do not have a half share?
This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.
it has been filed but still in the early stages. No sit downs, or offers. My wife's lawyer told her this. We live in NY
Expert:  Ely replied 11 months ago.
Thank you. It sounds like you are tenants in common on the deed. Do each of you own 50%? Or, not sure (and thus, that is the ambiguity)?
Customer: replied 11 months ago.
Given the prior deed had stipulations of percentages of ownership, would one have to assume we both own 50 percent.
Expert:  Ely replied 11 months ago.
Thank you. You have to understand that of course your spouse's attorney will skew the information her way. That is their job. However, just because someone says so does not make it so.
Since both of your names are ***** ***** deed (as of 2014), it would be safe to say that the home is a community property. You are telling me that each owes 50% of the title. If so, this arguably is a textbook case of equally-owned community property. Period.
The Court at discretion has the authority to also order a reimbursement to someone in your situation if she receives the property in the divorce, for any separate property money (acquired by gift or inheritance or before marriage) that you used to improve that property.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 11 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!