Tommy494 wrote:I purchased a house 2 years before I got married. I did not put my wife's name on the deed. I made all of the mortgage and utilities payments on the house. Seven years after being married I refinanced my house and took funds out to do some remodeling work. Only then did I do a quit claim deed and added her on the title. I continued to make all of the payments. 19 years into the marriage we are divorcing.
My attorney says that the house is my separate property. But I am questioning this because everything that I have read, it
states essentially that whatever is earned during the marriage is community property. The two years before marriage is separate property and not disputable. I live in Washington state. She said there is case law that says it would be my property but she also said that a judge if going to trial will rule that property be divided equitably meaning the house would be included. I don't understand how the house would be included in the division of assets if it's my separate property so that is why I am confused.
We are about to go to mediation. And if my attorney is wrong, the last thing I want is to fight for something that I'm not going to win and spend more money arguing about it. I kind of feel that she wants to use this as strategy saying it's my house but I would be willing to give my ex some equity from the home as part of the mediation.
Anyone hear of a similar situation and the outcome?
Tommy494 wrote:I live in Washington State.
She said because I never intended the house to be community property I can make an argument as my separate property. But if the deed says, "creating a community property estate", I don't see how it is separate property.
I'm trying to be reasonable here so if legally its community property I do not want to argue for a baseless claim. It will only lead to them fighting more for what they want and cost more money.
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