Legal Question in Real Estate Law in Washington
property
I am purchasing a home with my mother, which we purchased 3 years ago. now my husband of a little over a year, (not on title or land lease) thinks that if we split up he is entitled to 1/3 of my home. I live in Washington state. is he correct?
1 Answer from Attorneys
Re: property
If you use community property (eg your salary) to pay for the expenses of the house, your spouse likely has gained a financial interest in the house. The precise amount of his interest cannot be determined from the information given.
However, the interest likely is not 1/3 of the property, especially since your marriage is only "a little over a year".
If prior to marriage you two lived together, he may have gained some interest in the house through the doctrine of committed intimate relationship (formerly meretricious relationship).
Even if you use no community property to pay for the expenses of the house, in WA, the court in a dissolution of marriage proceeding has the authority to divide all assets and debts whether community or separate in a just and equitable manner.
You may want to review with an attorney your facts and options (especially if divorce is in the horizon).
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