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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 09-09-2013, 10:12 PM
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Default Rental property in spouse's name

Hi,

My wife and I purchased a rental property during the marriage - I sweat blood to renovate and finish. We put it in her name as she had lower income - so the rent went against her income.

Somebody please tell me that she cannot claim that this was a gift and hence avoid paying me my half. She continues to enjoy the rental income from this property.
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Old 09-09-2013, 11:03 PM
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She cannot claim that this was a gift and hence avoid paying you your half.
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Old 09-09-2013, 11:07 PM
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Originally Posted by Mess View Post
She cannot claim that this was a gift and hence avoid paying you your half.
Funny. Seriously though now .
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Old 09-09-2013, 11:11 PM
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Both.

You have a strong claim to both a constructive and resultant trust. However I wouldn't try to self rep a trust claim.
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Old 09-10-2013, 09:40 AM
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Sorry, I now notice "wife." I was thinking this was a common law issue.

Her total assets are her total assets. The property is part of NFP. It will be split up proportionately whether it is in her name or yours or both. I am not sure why you would even ask this.

The issue of a gift is not relevent between husband and wife; it is only relevent if it was a gift from her parents.
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Old 09-10-2013, 10:12 AM
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Quote:
Originally Posted by plainNamedDad44 View Post

My wife and I purchased a rental property during the marriage...snip...
It is an asset purchased during the marriage by you and your wife using household funds (ie. not funds inherited or otherwise gifted to her from family, although, even that could be argued it was co-mingled if one wanted to be difficult).

Therefore, it is a matrimonial asset that would need to be valued and that value split between each party.
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Old 09-10-2013, 11:12 AM
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Quote:
Originally Posted by Mess View Post
Sorry, I now notice "wife." I was thinking this was a common law issue.

Her total assets are her total assets. The property is part of NFP. It will be split up proportionately whether it is in her name or yours or both. I am not sure why you would even ask this.

The issue of a gift is not relevent between husband and wife; it is only relevent if it was a gift from her parents.
ok, thanks.
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