Equity split

My wife and I are divorcing. We were married in 1996. We moved into a house that she and her two sisters inherited. Eventually, she and her first husband bought out her two sisters. Then, a year later, she divorced her first husband. In 1997, a year and half into our marriage, my wife removed her ex-husband from title on the house and refinanced the mortgage. In 2001, she refinanced again. And in 2002, she refinanced once more. In 2002, I received a phone call from the escrow company. They asked to speak to my wife. I informed them that she wasn't home. Then they asked if my wife was married. I laughed and said, "Yes, she's married to me." The escrow officer then asked why my wife was filing loan documents declaring that she was an unmarried woman and using her ex-husband's last name. To cover herself, my wife added me to title in 2002 out of fear of prosecution. Earlier this year, after my wife and I separated, I found out that she claimed that she was unmarried on her 1997 and 2001 loan and escrow documents. My question is this: should I be entitled to equity from 1997 when, if she hadn't misrepresented herself, the escrow company would have insisted that I be put on title since the loan would have been a debt to the community property?


Asked almost 4 years ago in Sunnyvale, California
Categories: Real Estate  Family

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Comment

I should have mentioned that I never signed a quit-claim and that my wife had no separate money to pay for the housing expenses. Our funds were commingled from the date of our marriage.

Posted almost 4 years ago

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