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19 votes

Divorced mom pays mortgage. She wants to get title in her name

Short Answer Usually, a divorce decree doesn't leave former spouses as co-owners of the former marital residence, but sometimes this happens anyway. To oversimplify, if the divorce decree leaves a ...
ohwilleke's user avatar
  • 221k
19 votes

For community property that is to be divided equally during divorce, can I pay my spouse the equal amount instead of selling my house?

It is normal that one spouse ends up with the property (if there is only one) and the other ends up being "bought out" of their equity. It's very rare for a final divorce order to leave a ...
Cadence's user avatar
  • 953
14 votes

For community property that is to be divided equally during divorce, can I pay my spouse the equal amount instead of selling my house?

germany can I pay my spouse that equal amount instead of selling my real property? Yes. If you have the money or your spouse agrees to you paying in installments, you can "pay them out". ...
Trish's user avatar
  • 40.5k
8 votes

For community property that is to be divided equally during divorce, can I pay my spouse the equal amount instead of selling my house?

In my case, I did not even get cash, but a promissory note. It was paid when she refinanced the home. I was a lien holder much like the primary mortgage holder. This is where the cost of a divorce ...
Pete B.'s user avatar
  • 736
6 votes

For community property that is to be divided equally during divorce, can I pay my spouse the equal amount instead of selling my house?

If I have a real property in community property states (e.g. California) that is to be divided equally during divorce, can I pay my spouse that equal amount instead of selling my real property? There ...
ohwilleke's user avatar
  • 221k
4 votes

Purchase property before marriage, but both spouses now live in the same property

The property is probably of mixed character. The original equity in the house is your separate property, but typically during the course of the marriage you will add to that equity by making mortgage ...
Cadence's user avatar
  • 953
3 votes
Accepted

Can a Condominium Association Incorporate Without All Owners?

As is often the case, the answer is "it depends." In this case, it depends on: 1) When the condo was organized. Washington law says that all condo associations organized after July 1, 1990, "shall be ...
Just a guy's user avatar
  • 8,418
3 votes
Accepted

Impact of transfer title of community property to someone else on community property status

is my move legal (doing so without spouse's permission)? No. Either the transfer is entirely void, or your brother and your spouse end up being equal co-owners, depending upon the law of the ...
ohwilleke's user avatar
  • 221k
3 votes

For community property that is to be divided equally during divorce, can I pay my spouse the equal amount instead of selling my house?

If the house is worth $500,000, and it is to be sold and the price divided up, and you have $250,000 or can get a mortgage, then you can bid up to $500,000, and if that is the highest bid then you get ...
gnasher729's user avatar
  • 34.3k
2 votes

Does paying taxes and insurance for a separate property using post-marriage income render the separate property a community property?

In re Marriage of Branco is a relevant case where using community property for acquisition costs lead to community acquiring interest in the property. Adding an ADU or remodeling is considered an ...
littleadv's user avatar
  • 1,000
2 votes
Accepted

Home community and separate property

In California, each spouse has a vested present interest in 50% of all of the marital property of the couple. The circumstances in which a single spouse can dispose of or transact marital property vis-...
ohwilleke's user avatar
  • 221k
2 votes
Accepted

Community property without spouse title

As background, the fact that the marriage occurred in a foreign country isn't very important, marriages in a foreign country are recognized in the U.S. as valid (with the exception of certain ...
ohwilleke's user avatar
  • 221k
2 votes
Accepted

Community property

Texas probate law is a hybrid of community property concepts and concepts derived from the unreformed common law historical norm, like dower and curtsey for a surviving spouse. Texas also has uniquely ...
ohwilleke's user avatar
  • 221k
2 votes
Accepted

What state child support laws govern?

It doesn't matter (subject to a very small exception). Child support laws are very similar from one U.S. state to another because states have to meet federal standards to be eligible for certain ...
ohwilleke's user avatar
  • 221k
1 vote

Could a poorer partner end up paying a richer partner in a divorce in a community property state?

Is the "community property" $1 million (the increase during the marriage), and does the PP have to give half of it to the RP? Yes. If $1 million of community property were titled in PP, ...
ohwilleke's user avatar
  • 221k
1 vote
Accepted

What can a spouse do in regards to controlling the beneficiaries of a life insurance policy in a community property state

IANAL and can't speak to Texas, but I have filled out insurance forms in California, which is also a Community Property state. CA case law is that life insurance where premiums are taken from ...
Andrew Lazarus's user avatar
1 vote

Can a spouse insist on payout of half of the equity in a home?

General Rule There is generally no obligation of one spouse to cash out the other spouse from jointly titled community property real estate subject to a mortgage in Texas in circumstances other than ...
ohwilleke's user avatar
  • 221k
1 vote

Can a spouse buy separate property in a community property state?

To buy? In all likelihood, no. Community property state laws generally state that property (not just real property) acquired during a marriage becomes part of the "community" (the community of the two ...
A.fm.'s user avatar
  • 2,840
1 vote

What might be the chances of piercing the corporate veil for owning an LLC in a community property state with my spouse?

In re Albright, 291 BR 538 (Bk. Colo. 2003) is a "reverse piercing" case which involves different considerations than ordinary veil piercing. The Court in that case reasoned that if the debtors in ...
ohwilleke's user avatar
  • 221k

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