How does the court determine how much I may be entitled to when we divorce?

UPDATED: Oct 30, 2011

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How does the court determine how much I may be entitled to when we divorce?

I have been married 7 years. The home is my husband’s separate property but used as the family home. He signed a quit claim deed right after we were married putting me on title with him, as husband and wife. Now, he says that we are getting divorced I am not entitled to anything. Is there an approximate amount that a judge would grant to me as part of the divorce or am I entitled to nothing after 7 years?

Asked on October 30, 2011 under Family Law, Washington


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Division of property and assets is not always a cut and dry situation in a divorce.  More details about the house are needed here but generally speaking, the property was separate fr a tie (you did not say how long) and then became marital property the last 7 years.  So it is probable that the increase in value and any monies expended to maintain the house, etc., would be considered marital property while he down payment, etc., he put down before you were married would e considered separate property.  He showed what is known as an "intent" for the property to become marital property by placing your name on the deed.  He can not now "take that back" so to speak.  Get help.  Good luck.

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