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If you and your brother's buy a house (joint partnership) can your wife get anything?

Discussion in 'Other Governmental Matters' started by FatViking, Nov 14, 2019.

  1. FatViking

    FatViking Law Topic Starter New Member

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    Thanks to all that respond [​IMG]
     
  2. justblue

    justblue Well-Known Member

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    What state?

    What does this have to do with "Government Matters"?
     
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  3. FatViking

    FatViking Law Topic Starter New Member

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    New York.
     
  4. Zigner

    Zigner Well-Known Member

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    Perhaps.
     
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  5. zddoodah

    zddoodah Well-Known Member

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    You're welcome, but...

    "If you and your brother's buy a house (joint partnership) can your wife get anything?"

    Your brother's what? Or was your use of an apostrophe in error and you really meant "you and your brothers" (i.e., you and two or more male siblings)?

    "Can your wife get anything?" I'm sure she can, but you'll have to elaborate as to what you're talking about.

    What does this have to do with Government & Administrative Law > Other Governmental Matters?
     
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  6. FatViking

    FatViking Law Topic Starter New Member

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    Can she claim anything of the property if it's not in her name?
     
  7. Zigner

    Zigner Well-Known Member

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    Yes, she can definitely claim it. Whether her claim would be successfully upheld is a different question, and one that we really can't answer without reviewing all of the pertinent facts. You should consult with an attorney about the matter.

    EDIT: And what does this have to do with Governmental Matters?
     
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  8. justblue

    justblue Well-Known Member

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    Your half is marital property...therefor she has a legal claim.
     
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  9. FatViking

    FatViking Law Topic Starter New Member

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    So my Wife will get half of what I OWN even if her name's not on anything? WOW that's dumb.
     
  10. Zigner

    Zigner Well-Known Member

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    Nobody said that - not at all.
     
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  11. PayrollHRGuy

    PayrollHRGuy Active Member

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    Actually Blue sort of did say that.
     
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  12. Zigner

    Zigner Well-Known Member

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    No, blue said she has a legal claim. That is all.

    The mistake blue made was speaking of the OP's "half", when she should have spoken of the OP's portion/share/percentage of ownership. I don't believe that the OP is getting half the property because the OP speaks his multiple siblings.
     
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  13. justblue

    justblue Well-Known Member

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    Well...I said it was marital property and she had a legal claim. I didn't say that a judge would hand it over to her. Fact is that the property in question WILL become part of the assets of the marriage ...whether or not fat vikings STBX get's a piece of it is up to the judge.
     
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  14. justblue

    justblue Well-Known Member

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    Stop being quicker than me...it's getting tiring. :p
     
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  15. Zigner

    Zigner Well-Known Member

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    Your use of the word "half" in referring to the OP's percentage of ownership may have misled those who read it in to thinking that you stated that she has a legal claim to half of it.

    Actually, if the partnership is formed correctly (with proper waivers signed, etc.), then the wife may have no claim.
     
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  16. FatViking

    FatViking Law Topic Starter New Member

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    Thank you. That is all.
     
  17. PayrollHRGuy

    PayrollHRGuy Active Member

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    Hence my use of the weasel phrase "Sort of"
     
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  18. army judge

    army judge Super Moderator

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    If I were you, I'd also discuss the house with my divorce attorney.

    You need to protect yourself, mate.

    There are many traps set for uninformed people.

    Don't be that guy.
     
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  19. Red Kayak

    Red Kayak Active Member

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    Are you thinking death or divorce? Because there is a difference...

    But assuming that you are thinking about divorce...

    An asset purchased during the marriage with marital funds would be a marital asset. In the event of a divorce, New York expects that the marital assets be divided equitably. This does not necessarily mean equally. If her shoe collection would make Imelda Marcos green with envy, and the shows were purchased during the marriage with marital funds, then those would be marital assets too. But they probably wouldn't fit you, and you probably wouldn't want them. But the value of the collection is taken into account when determining what would be an equitable distribution. So, if her bag and shoe collection together, plus her car are worth more than everything "in your name" that's a marital asset, she might come out of it owing you. Or you might come to a division that's not strictly "equitable" but that you both can agree with.

    Now, you might argue that marital funds weren't used. However, if money you earned during the marriage was used, that muddies the waters enough that it's usually not worth arguing.

    When it's worth arguing: when the marriage is very short, and very little to no marital funds were used.

    When it's not worth arguing: when the person you're arguing with is going to be unreasonable and unwaveringly stubborn, and it will cost you more in legal feels than the asset in dispute is worth.
     
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  20. justblue

    justblue Well-Known Member

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    :D:p
     
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