Legal Question in Family Law in Virginia
Equitable distribution of home
My husband purchased our townhouse/condo in December 2003 prior to our marriage in June 2004. Although, my name is not on the mortgage loan, I am on the deed and it states both my husband�s and my name as the �Grantees�. I have been paying a percentage of the mortgage & condo fees since we moved in (12/03) and continued payments through November 2005. Note: I did not contribute to the down payment, my husband paid that. My husband has now decided to dissolve the marriage, was not a mutual decision. But, I have agreed to the separation. Since my husband works from a home office, I decided to move out to an apartment. If we go forward with a divorce, what would I be entitled to as far as the property? A percentage of what I put in or 50%? We have no children. Any insight would be greatly appreciated.
2 Answers from Attorneys
Re: Equitable distribution of home
The husband purchased the house prior to the marriage so arguably it was his seperate property until he put you on the deed. However, your name on the deed alone does not make it marital property. The burden is on you to prove that he gave it to you as a gift and the buden of proving the donative intent would be yours. Best evidence is if he did so as a "Deed of Gift". If it was not a gift then it could still be his separate property and you would have little to no rights to the equity unless you could prove you made "substantial" contribtions to the home (which is generally perceived to be more than helping pay the mortgage). If it is deemed to be a gift then you own it with him and you presumptively deserve 50% of the equity.
Best advise is to confer with and hire a good Domestic attorney.
Good luck.
Re: Equitable distribution of home
You have it right regarding the percentage, meaning some percentage of the value of the jointly held marital property----whatever that maybe. It's unlikely that that percentage would be 50% based upon the facts which you've described and would more likely approximate what you put in, to use your term, plus the value of any other contributions which you made(either in materials or labor)which conduced to the increase in value of the marital property in addition to its presumed appreciation during the course of the marriage.
There are many factors to consider in attempting to answer your equitable distribution question, only a few of which are evidenced in your question.
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