Legal Question in Family Law in Washington
Deceived that family home was community property
We moved into our home 14 years ago. I had been married 5 years at the time. My understanding was we purchased it from my husband's uncle. A down payment ($10,000) was made & the loan assumed. It turns out that the property was clearly gifted to my husband as his separate property and I have no claim to it. Community funds were used for the down, mortgage payments & repairs($30,000). Husband denies down payment & only acknowledges $10,000 in repairs. I have no documentation in my possession to prove otherwise. I was deceived into believing this was community property and invested in it accordingly. What reimbursement am I entitled to regarding this property?
1 Answer from Attorneys
Re: Deceived that family home was community property
Use of community funds to improve your husband's separate property creates an "equitable lien" in favor of the community.
Therefore, at the time of divorce, the community is entitled to whatever amount it used to improve the separate property, plus the value of appreciation that the community contribution actually realized and that can be proven.
For example, if the community contributed $10,000 to a $100,000 home, and over the course of the marriage the value of the home increased by 10%, the community may be entitled to a return of the $10,000, plus 10% (or $1,000) in addition.
The key is being able to prove the source of the money used to improve the separate property.
I should also mention that if we can show that your husband misled you into thinking this was to be a community property home, which is what triggered your agreement to invest in the home, then you may be entitled to a larger award from the court.
Ultimately, I advise that you call our office so that we can discuss your situation in more detail. I will offer a free telephone consultation. (206) 223-9510.
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