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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37815
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My divorce was over 13 years ago. We did not settle the

Customer Question

My divorce was over 13 years ago. We did not settle the property during the divorce. We was only married a short time before we separate so we did not acquire any property during our marriage except the purchase of land for $5000.00 from my family estate. When we completed the transaction through an attorney to purchase the land the attorney put the land solely in my husband name even though I paid for the land with a certified check in my name from my individual bank account. Well when we divorced the land was never settled. For the last 15 years I have been paying the taxes on the land and the up keep to the land. I want to settle this issue and get the property in my name what do I need to do?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Regardless of the name the property may be titled in, under the law it is marital property and because it was not dealt with in the divorce, then half of the value of the property is yours and the other half his.
Because your name is ***** ***** the title, the court will not be able to grant you title to the property unless you can somehow show that your husband took title in his name to hold in trust for you. This is a possible outcome but legally complex and without the help of a local family law attorney, you stand little chance of winning on this rather rare legal theory.
You are in a much better position to reach a buy-out agreement with your ex and obtain title in that manner than you would be trying to win the property in a court trial.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Regardless of the name the property may be titled in, under the law it is marital property and because it was not dealt with in the divorce, then half of the value of the property is yours and the other half his.
Because your name is ***** ***** the title, the court will not be able to grant you title to the property unless you can somehow show that your husband took title in his name to hold in trust for you. This is a possible outcome but legally complex and without the help of a loocal family law attorney, you stand little chance of winning on this rather rare legal theory.
You are in a much better position to reach a buy-out agreement with your ex and obtain title in that manner than you would be trying to win the property in a court trial.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug
Customer: replied 2 years ago.
Thank you I appreciate you helping, but please can you clarify this last question for me? So when you say it may be best to buy him out. Do I pay him half of what we paid for the land at purchase or what the tax value of the land is today which is $7500.00?
Customer: replied 2 years ago.
Thank you I appreciate you helping, but please can you clarify this last question for me? So when you say it may be best to buy him out. Do I pay him half of what we paid for the land at purchase or what the tax value of the land is today which is $7500.00?
Expert:  LawTalk replied 2 years ago.
Hi,
The court will order that you are each entitled to 50% of the present equity in the property today. You should offer him that much to buy him out.
The value is not what you paid for it or what the tax value is. You will need to have the land appraised by a local Realtor---that will give you the best idea of value.
Thank you for your kind words. They are appreciated.
Please keep in mind that even though you have already paid your deposit money over to JustAnswer, or you may be a subscriber, until you rate me highly for my service, I will not be paid for having assisted you with your questions.
Thanks again.
I wish you the best,
Doug

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