Answer: Property that was acquired prior to the marriage and kept as separate property after the marriage is considered separate property and not part of the marital estate. In the case you described, it appears that the property was not kept as separate property after the marriage, but half of it was transferred to you […]
Answer: Property that was acquired prior to the marriage and kept as separate property after the marriage is considered separate property and not part of the marital estate. In the case you described, it appears that the property was not kept as separate property after the marriage, but half of it was transferred to you when you took out the second mortgage. Under such circumstances, the court would consider how long the marriage is in existence, the amount of contribution you have made to the mortgage payments, and other such considerations.
If you can show that you have made considerable financial and other contributions to the upkeep and maintenance of the house, and that your wife intended to gift to you half of the property when the deed was changed, you should be entitled to 1/2 of the property.
Good luck!
Leonard M. Weiner, Esq./Divorce Solutions