Legal Question in Family Law in Washington
home custody
My daughter is being divorced by her husband. He is demanding custody of the home that they bought several months prior to being wed. Her husband obtained the down payment as a "loan" from his father.This loan is outstanding and may never be repaid. My daughter has split the mortgage payments with her husband during the marriage course but put no money into the downpayment. I helped the couple with approximately 1500.00 of improvents upon movein. Can my daughter's husband force custody in his favor?
1 Answer from Attorneys
Re: home custody
Not sure what you mean by custody. If you mean who lives in the house during the dissolution the answer is yes. Either party may be awarded temporary custody of the family home.
If you mean the equity in the home that is a different questions. The general rule is simple. The facts make it confusing. Property acquired before marriage is separate property unless it transformed into community. In your case whose name is on title? However, if community property (earning during marriage) were used to make the mortgage payment the community may have an interest in the home based on the payments made. The longer the marriage and more community money put into it the stronger the case.
Your daughter needs to meet with an attorney in your area and discuss all the facts. There are too many variables to respond with more then general prinipals.
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