Find your diamond
Find your jewelry
shape
carat
color
clarity

my daughter is looking into buying a house..

Dancing Fire

Super_Ideal_Rock
Premium
Joined
Apr 3, 2004
Messages
32,405
my Q is... if she gets a divorce in the future will her husband be entitle to 1/2 of the house? should we add my wife's name to the deed?
 

zhuzhu

Ideal_Rock
Joined
Mar 15, 2006
Messages
2,503
Is she married now? If not, then no. The assets that will be divided (depending on how many years you are married at the time of divorce) only if the assets are acquired AFTER the marriage has taken place.
 

TooPatient

Ideal_Rock
Premium
Joined
Sep 1, 2009
Messages
9,295
zhuzhu|1311794629|2978193 said:
Is she married now? If not, then no. The assets that will be divided (depending on how many years you are married at the time of divorce) only if the assets are acquired AFTER the marriage has taken place.
I believe this is incorrect for where I live. I haven't looked at the exact details, but I believe that if they are living in the house together then it is considered "primary residence" and is classified as "community property" regardless of when it was purchased or who's name is on the title. "Separate property" is tricky and can easily become "community property". (this is information from our family attorney)

Anyway, I think this really depends on where she lives and what the laws are there.
 

violet3

Ideal_Rock
Premium
Joined
Dec 18, 2007
Messages
3,793
divorce laws vary from state to state, but in my state zhuzhu is correct - marital assets are based on things acquired after a marriage has ocurred.
 

mrs jam

Brilliant_Rock
Joined
Jun 24, 2004
Messages
686
TooPatient|1311794970|2978200 said:
zhuzhu|1311794629|2978193 said:
Is she married now? If not, then no. The assets that will be divided (depending on how many years you are married at the time of divorce) only if the assets are acquired AFTER the marriage has taken place.
I believe this is incorrect for where I live. I haven't looked at the exact details, but I believe that if they are living in the house together then it is considered "primary residence" and is classified as "community property" regardless of when it was purchased or who's name is on the title. "Separate property" is tricky and can easily become "community property". (this is information from our family attorney)

Anyway, I think this really depends on where she lives and what the laws are there.
Agreed. DF, I'm no expert, but I think the best way to protect the house in the possibility of a divorce is to have a prenup drawn. My name was not on my ex's house as it was his before marriage, but it was part of our divorce settlement that I received a cash settlement for half of the equity in the house that was built up during the years in which we were married. Unless she pays the house off before marriage, his income contributes to household bills. At least, that was the reasoning in my case.
 

mrs jam

Brilliant_Rock
Joined
Jun 24, 2004
Messages
686
zhuzhu|1311795563|2978208 said:
My reply is based on my understanding of the law in CA.
My divorce was in California. I think that if the house is all paid off, then it's off the bargaining table. However, in my case, my income contributed to the paying of the mortgage and household bills. So even though my name was not on the house, I was still entitled to half of the equity built up during our marriage. Lucky for me, we divorced before the housing bubble burst in southern CA.
 

Dancing Fire

Super_Ideal_Rock
Premium
Joined
Apr 3, 2004
Messages
32,405
zhuzhu|1311794629|2978193 said:
Is she married now? If not, then no. The assets that will be divided (depending on how many years you are married at the time of divorce) only if the assets are acquired AFTER the marriage has taken place.
she's not marry yet,so let say she put 20% d/p on a house and make payment by herself for the next few yrs then she gets married and ended up getting a divorce so...does he get 1/2 of the house?
 

Lulie

Shiny_Rock
Joined
Jan 5, 2009
Messages
342
Dancing Fire|1311794108|2978188 said:
my Q is... if she gets a divorce in the future will her husband be entitle to 1/2 of the house? should we add my wife's name to the deed?

Things owned BEFORE marriage are protected just as an inheritance. DF/MOM/DD family trust isn't bad either.
He might claim reimbursement for his contributions to the house but not the 'actual house'.
DF should secure all escrow, mortage payments and improvements paperwork in a safe place JUST in case ::)
#1 choice:
I would kindly suggest a strong pre-nup to avoid any nasty disputes. People 'hate them' but these contracts can also apply in case of death [so useful].
A friend of mine had her home under her father's for almost a decade [for a good reason] she then 'inherited' her property :saint:
 

Dancing Fire

Super_Ideal_Rock
Premium
Joined
Apr 3, 2004
Messages
32,405
mrs jam|1311795757|2978211 said:
zhuzhu|1311795563|2978208 said:
My reply is based on my understanding of the law in CA.
My divorce was in California. I think that if the house is all paid off, then it's off the bargaining table. However, in my case, my income contributed to the paying of the mortgage and household bills. So even though my name was not on the house, I was still entitled to half of the equity built up during our marriage. Lucky for me, we divorced before the housing bubble burst in southern CA.
yeah but,no Morgan dollars?.... :bigsmile:
 

mrs jam

Brilliant_Rock
Joined
Jun 24, 2004
Messages
686
Dancing Fire|1311796424|2978221 said:
zhuzhu|1311794629|2978193 said:
Is she married now? If not, then no. The assets that will be divided (depending on how many years you are married at the time of divorce) only if the assets are acquired AFTER the marriage has taken place.
she's not marry yet,so let say she put 20% d/p on a house and make payment by herself for the next few yrs then she gets married and ended up getting a divorce so...does he get 1/2 of the house?
DF, if the house it not completely paid off by the time she marries, I think it's probably safe to assume that he will be entitled to some percentage of the equity. There would be the argument that his salary also contributed to household responsibilities.
 

kelpie

Ideal_Rock
Joined
Jan 8, 2008
Messages
2,362
It does vary by state but particularly different is California..there the assets of the marriage are considered community property so the couple generally splits it down the middle. This is why you see those eye-watery hollywood divorce settlements. Louisiana law is also generally different because it's based on french law instead of English common law (CA must be Spanish?). In common law states they generally respect your rights to assets you brought to the marriage (though if she adds future husband to deed and/or he pays a good part of the mortgage maybe that could change ). I would never put your wife on the title, she may be entitled to certain benefits as a first time home buyer. In that sense, it makes sense for half a couple to buy the house on their own, and then if they want to upgrade their better half buys the second house. You would need to be able to qualify for the loan with just your income though.
 

mrs jam

Brilliant_Rock
Joined
Jun 24, 2004
Messages
686
Dancing Fire|1311796770|2978227 said:
mrs jam|1311795757|2978211 said:
zhuzhu|1311795563|2978208 said:
My reply is based on my understanding of the law in CA.
My divorce was in California. I think that if the house is all paid off, then it's off the bargaining table. However, in my case, my income contributed to the paying of the mortgage and household bills. So even though my name was not on the house, I was still entitled to half of the equity built up during our marriage. Lucky for me, we divorced before the housing bubble burst in southern CA.
yeah but,no Morgan dollars?.... :bigsmile:
Nope, no Morgan dollars! You have quite the memory! I sure wish I had been able to get my grubby little hands on the golden lady liberty coin stash! :tongue:
 

MichelleCarmen

Super_Ideal_Rock
Joined
Feb 8, 2003
Messages
15,880
IMO, an attorney should be consulted re: this *now*. Maybe a document can be drawn up that states that if, upon divorce, that your daughter gets her initial 20% down back, plus any payments she made, and then the remainder be split between her and the ex. I'm obviously not an attorney, but possibly that is an option even in a community property state?

IMO, if she marries and he begins helping make payments, he should get a portion of the proceeds IF he is helping make payments. It's necessary to keep impeccable records re: who is making payments and how much. Also, set up a plan in case the house is bought for say $500K but later is only valued at $450K. Pre-arrange that a rental agency will take over and rent the house to ensure payments are made until the house can be sold for what your daughter purchased it for.

A friend of mine ran into a problem with all this and lost it all (aka house went into foreclosure b/c he took over a house which was only in her name and didn't make the payments!).

And, FWIW, I can't imagine the above scenerio happening w/your daughter, but mentioning a few ideas since I saw what happened under bad circumstances.
 

VRBeauty

Super_Ideal_Rock
Premium
Joined
Apr 2, 2006
Messages
10,294
Good for your daughter - this is a great time to buy in many areas!

As for what will happen if she gets divorced... one step at a time, no? Is she seeing somebody that you (or she) thinks might be a potential husband? :naughty:
 

mrscushion

Ideal_Rock
Joined
Nov 15, 2008
Messages
3,309
Nothing that can't be handled in a pre-nup, regardless of state, IMO -- when the time comes. I would not add your wife's name to the deed.
 

mayachel

Brilliant_Rock
Joined
Mar 2, 2008
Messages
1,749
We did things "out of order" and bought a house prior to even getting engaged, even though marriage was our eventual plan. I was not able to contribute an equal part of the down payment, and DH decided at the time he was most comfortable with us signing paperwork as "tennants in common" with each of owning a specific percentage, (not 50/50) share of the house. Not sure if your daughter is in a LTR where this is relevant or not, but thought I'd share that there are alternatives to everyone just being on the deed.

I'd imagine (but don't know for certain) that if she marries and combines finances that are used to pay the mortgage, the partner would be entitled to equity in the house from that point forward at a minimum.
 

chemgirl

Ideal_Rock
Joined
Sep 16, 2009
Messages
2,161
I'm in Canada so I'm sure the law is different, but a good friend of mine lost her house when she broke up with her live-in boyfriend of 2 years. The house was in her name and he never contributed to it (he was unemployed for over a year). After they broke up he argued that he was entitled to half of the equity that was built while he lived there. Housing prices had gone up so she owed him over $60 000. She had to sell her house to pay the settlement.

My advice would be to have her talk to a lawyer before she has anyone move in with her, married or not.
 

mrscushion

Ideal_Rock
Joined
Nov 15, 2008
Messages
3,309
chemgirl|1311860476|2978825 said:
I'm in Canada so I'm sure the law is different, but a good friend of mine lost her house when she broke up with her live-in boyfriend of 2 years. The house was in her name and he never contributed to it (he was unemployed for over a year). After they broke up he argued that he was entitled to half of the equity that was built while he lived there. Housing prices had gone up so she owed him over $60 000. She had to sell her house to pay the settlement.
Wow - I can't believe that. Seems really unjust towards your friend, doesn't it? I wonder if there isn't a back story to her situation.
 

VRBeauty

Super_Ideal_Rock
Premium
Joined
Apr 2, 2006
Messages
10,294
mscushion|1311861791|2978843 said:
chemgirl|1311860476|2978825 said:
I'm in Canada so I'm sure the law is different, but a good friend of mine lost her house when she broke up with her live-in boyfriend of 2 years. The house was in her name and he never contributed to it (he was unemployed for over a year). After they broke up he argued that he was entitled to half of the equity that was built while he lived there. Housing prices had gone up so she owed him over $60 000. She had to sell her house to pay the settlement.
Wow - I can't believe that. Seems really unjust towards your friend, doesn't it? I wonder if there isn't a back story to her situation.
Not out of the realm of possibility, and I agree with MsC that potential legal ramifications should be considered before DD lets anyone move in with her regardless of marital status. Still, there's no reason that the possibility of a future relationship or marriage should impact her purchase decision now - unless she's buying more house than she can personally afford because of the expectation that another person will move in and help shoulder some of the cost.

(potential BF arguments in MsC's example: I wasn't unemployed - overseeing the construction was my contribution to household expenses; we agreed that I would hold out for a better job because that would benefit us both and she could comfortably cover my living costs until then. Not saying they're right, just that marital status/lack thereof alone should not be considered legal protection.)
 

TooPatient

Ideal_Rock
Premium
Joined
Sep 1, 2009
Messages
9,295
mscushion|1311858425|2978805 said:
Nothing that can't be handled in a pre-nup, regardless of state, IMO -- when the time comes. I would not add your wife's name to the deed.
I think it depends on the state. I'm not 100% certain, but I believe that in this state (WA) you CAN'T sign away your right to community property (which a primary residence certainly is). Even if she had something like a pre-nup signed by him saying the house is hers, a good attorney (if it were in this state) could actually get that pre-nup (or at least that portion of it) tossed out.

In this state even if the spouse didn't contribute to the house financially (I believe this still holds true if the home was completely paid for before marriage), they are still entitled to 50%. The laws are challenging to read for a non-attorney so I don't fully understand it all.


DF, if you or she is really concerned you need to talk to an attorney. They'll be able to advise you on different options (maybe a trust?) that would protect her.
 

Dancing Fire

Super_Ideal_Rock
Premium
Joined
Apr 3, 2004
Messages
32,405
VRBeauty|1311818848|2978525 said:
Good for your daughter - this is a great time to buy in many areas!

As for what will happen if she gets divorced... one step at a time, no? Is she seeing somebody that you (or she) thinks might be a potential husband? :naughty:
yeah,she have a steady BF ,but who knows what's gonna happen in the future... ::)
 

Dancing Fire

Super_Ideal_Rock
Premium
Joined
Apr 3, 2004
Messages
32,405
mscushion|1311858425|2978805 said:
Nothing that can't be handled in a pre-nup, regardless of state, IMO -- when the time comes. I would not add your wife's name to the deed.
why,what is the disadvantage of having mommy's name on the title?
 

Karl_K

Super_Ideal_Rock
Trade
Joined
Aug 4, 2008
Messages
10,453
she just didn't put it on your credit card?
She is slipping
 

movie zombie

Super_Ideal_Rock
Joined
Jan 20, 2005
Messages
11,879
why would mom's name be on the paper unless she's signing for the loan or putting $ into it? could also complicate your wife's estate issues. putting your wife's name on it will not protect the property in case your daughter marries and then divorces.

anything your daughter buys before marriage is hers unless he contributes to it. if he puts $ and/or labor in, he gets $ out. even if its as simple as mowing the lawn twice a month, he'll get something for his effort as it shows he had pride of ownership and there was an expectation that he had responsibilities for the home.

even if she buys a place and pays it off before marrying, if her husband puts $ into the place and/or labor, he's going to get a percentage in a divorce. a prenup helps but should define that not only will he get nothing from her for the house, he is not to put any $ or labor into it. roof needs repair? she pays for it out of her own $. lawn needs mowing? she does it or pays for lawn service. got a leaky faucet? she calls a plumber and pays for the work. do not want to leave an opening in which he could say that she expected him to act as a homeowner and therefore he is entitled to a percentage.

you'd do better to see an attorney regarding prenuptial, homeownership, and divorce law than taking our word for it.
 

Dancing Fire

Super_Ideal_Rock
Premium
Joined
Apr 3, 2004
Messages
32,405
Karl_K|1311884131|2979175 said:
she just didn't put it on your credit card?
She is slipping
:Up_to_something: :tongue:
 

Dancing Fire

Super_Ideal_Rock
Premium
Joined
Apr 3, 2004
Messages
32,405
movie zombie|1311886895|2979219 said:
why would mom's name be on the paper unless she's signing for the loan or putting $ into it? could also complicate your wife's estate issues. putting your wife's name on it will not protect the property in case your daughter marries and then divorces.
why not?.. :confused: my wife then would own 1/2 of the house and her husband can't claim my wife's 1/2,it would be better if they got married first then buy a house together.
 

amc80

Ideal_Rock
Joined
Jun 18, 2010
Messages
5,765
Dancing Fire|1311892263|2979295 said:
movie zombie|1311886895|2979219 said:
why would mom's name be on the paper unless she's signing for the loan or putting $ into it? could also complicate your wife's estate issues. putting your wife's name on it will not protect the property in case your daughter marries and then divorces.
it would be better if they got married first then buy a house together.
Yes.

What does your daughter want to do? Is she concerned about anything?
 

Dancing Fire

Super_Ideal_Rock
Premium
Joined
Apr 3, 2004
Messages
32,405
amc80|1311893213|2979306 said:
Dancing Fire|1311892263|2979295 said:
movie zombie|1311886895|2979219 said:
why would mom's name be on the paper unless she's signing for the loan or putting $ into it? could also complicate your wife's estate issues. putting your wife's name on it will not protect the property in case your daughter marries and then divorces.
it would be better if they got married first then buy a house together.
Yes.

What does your daughter want to do? Is she concerned about anything?
kids don't worry about a thing.they don't think about what could/can happen it the future... :rolleyes:
 
Be a part of the community It's free, join today!
    Scorpio Style
    Scorpio Style
    Good Customer Service Goes a Long Way
    Good Customer Service Goes a Long Way
    5.5 Carat Diamond Upgrade
    5.5 Carat Diamond Upgrade

Need Something Special?

Get a quote from multiple trusted and vetted jewelers.

Holloway Cut Advisor



Diamond Eye Candy

Click to view full-size image.
Top