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savior70
Joined: 25 Mar 2009
Posts: 1422
Location: Florida
168.75 Dollars($)
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Post subject: |
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Hi,
The house you live in and the rental property, both were purchased before you got married. This means that your spouse had no contribution towards the purchase of the houses. Did you make the mortgage payments from your joint accounts? If you did, your spouse will have a certain share of the property as she partially contributed towards its payments. The other rental property that you purchased during marriage has your spouse's name on the title, right? If her name is on the title to the property, she co-owns it and therefore, is entitled to get a certain share of it.
I don't think she's not entitled to get a share of the profit you made by selling the business. You made the purchase using funds from a line of credit from homes you purchased before your marriage. Now, if you did not put her name on the business, she cannot claim an interest in it. |
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anonymousCA
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Post subject: Moore Marsden |
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| One house was purchased before marriage that I rented out. I exchanged that, after marriage, with a home I also rented and then shared with my ex. He is an attorney, and signed an Interspousal Transfer Grant Deed, relinquishing all rights to title, possession, interest including but not limited to, community property interest then and forever more. We did pay mortgages from our joint account, but we had an interest only loan, meaning he did not pay down any capital. |
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savior70
Joined: 25 Mar 2009
Posts: 1422
Location: Florida
168.75 Dollars($)
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Post subject: |
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Hi,
| Quote: | | He is an attorney, and signed an Interspousal Transfer Grant Deed, relinquishing all rights to title, possession, interest including but not limited to, community property interest then and forever more. |
If he signed an interspousal transfer grant deed and relinquished all his interests and rights to the property, he does not have an interest in the property. Moreover, since it's an interest only loan, he never contributed towards the principal. I don't think he can claim any share of the property. He has given up all his rights and he cannot reclaim them, unless you give them back to him. |
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Lauren
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Post subject: Joint Purchase Before Marriage |
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My fiance and I are purchasing a house 1 month prior to getting married (found it, had to have it, coudn't wait). We're both contributing to closing costs and will be paying the monthly mortgage payments out of a joint account we both deposit into. However, I cannot be on the deed becuase it is a VA loan (no money down) and we're not officially married. What kind of claim would I have to the property if we get divorced?
Secondly, he's military, so our home is currently in California (community property state) but if we move, is the Moore Marsden rule & community property rule applied based on the location of the property? Or on the state in which you get married? i.e. would this rule even apply if we moved and ended up getting divorced in another state? |
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cliveselley
Joined: 23 Jul 2009
Posts: 45
0.00 Dollars($)
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Rule is applicable only in case of states where the community property division exists
amount that you will be paying right now will not be considered for Moore Marsden Rule.
you can arrange an agreement as a safeguard. |
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Dmitry
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Post subject: All 100% cash purchase after marriage with before marriage $ |
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Hi,
I am married, and want to buy a property in California, it is a 100% CASH purchase, and the money will come from my own bank account, they were earned before marriage. So there will be no mortgage, I am also planning to pay the property tax and utility bills from the same pre-marriage account with previously earned funds.
My wife refuses to sign the interspousal transfer deed at time of purchase.
Will i have 100% of the house and it's appreciated value in case if I divorce later ? Assuming no community funds will be ever used to maintain the house. Will my wife have anything after divorse ?
Thank you very much - i need thi info ASAP. |
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aussie
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Post subject: spouse bought me out of our home |
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| hi im a bit confused how my spouse came to a figure to buy me out of our house. We had a real estate agent give us a valuation i think it was $340000. He ended up paying me $62000. Was this based on how much we had already paid off the mortgage??? We had been paying off the mortgage for 8 years. |
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Lucie
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Post subject: quit claim & moore/marsden |
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I live in California. My ex to be bought the house in 1987. We married in 1990. When he refinanced in 1997 he coerced me into signing a quit claim. He says I have no right to any interest in the house at all. I think I understand how the MMrule is calculated but this quit claim thing bothers me.
Thanks, Lucie |
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Bubba
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Post subject: Calculation of Community Interest |
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I was married 4/28/2001. The home is my seperate property. My wife does not earn any income. We seperated 6/21/2009. The mortgage was paid from my income only. Mortgage paydown is $65,000. The value of the home has gone down approximateky $50,000. What would the community interest be?
Thank you |
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