Dear Quentin,
Were a gay couple who have been together off and on almost 20 years. We have been married for five years. My wife bought our home in November 2015. We moved in together in January 2016. We married in November 2016. She wont add me to the title or refinance.
I have been paying two-thirds or more of the mortgage for about five years, and have also contributed $12,000 toward improvements. During an argument, she said her daughter will get the house. What can I do at this point to secure my investment in the house?
Out in the Cold
This is a difficult and all-too-common dilemma: A case of our/her home and the/her mortgage. The law on what is considered marital and separate property varies by state, but many states will consider a property at least partly commingled if one partner has invested a significant amount of money in its upkeep.
If you owned a home before you got married and you never changed the title to include your spouse and did not put marital money into the house for renovation and upkeep, the house will likely be considered non-marital property, the American Bar Association says.
In Texas, for example, the surviving spouse has the right to occupy the homestead for the remainder of their life, even if it is separate property, per the State Bar of Texas.By virtue of being a surviving spouse, he or she has the exclusive right to occupy the home for as long as he or she desires, it says.
However, the use of community funds for the upkeep of a property in Texas does not automatically mean that separate property has become marital or community property, although you could in the event you divorced make a claim for that $12,000 in renovations.
Assuming your wifes house remains separate rather than marital property, there is a solution.
It all depends on where you live. In New York, on the other hand, your situation would have a very different outcome. If you contribute meaningfully to your spouses home, that could commingle that property, even if your wifes name is the only one on the deed of the house.
The Colwell Law Group gives the following scenario: Say, for example, prior to your marriage, you owned a piece of rental property, and then, during your marriage, your spouse helped you renovate the property in a way that improved its value and increased your rental income.
In this case, its not necessarily a slam-dunk 50/50 ownership. While the real estate itself would still be separate property, the increase in value would be considered marital property and would be taken into account for equitable distribution, Colwell Law Group says.
Assuming your wifes house remains separate property, there is another solution: Your wife could give you a life estate, allowing you to live in the house for the remainder of your life in the event that she predeceases you, and her daughter to inherit the house as planned after you pass.
Paying two-thirds of your wifes mortgage gives you a place to live and ideally a chance to save if you are paying under the market rate for rent, but you dont have a stake in the house and it doesnt secure your own future. Ultimately, the best way to invest in your future is to maintain your own financial independence.
Youcan email The Moneyist with any financial and ethical questions related to coronavirus at qfottrell@marketwatch.com, and follow Quentin Fottrell onTwitter.
Check outthe Moneyist private Facebookgroup, where we look for answers to lifes thorniest money issues. Readers write in to me with all sorts of dilemmas. Post your questions, tell me what you want to know more about, or weigh in on the latest Moneyist columns.
The Moneyist regrets he cannot reply to questions individually.
More from Quentin Fottrell:
She was homeless and I was alone: I was befriended by a woman who moved into my home she gradually stole $40,000 from meHes always been a shady character: My uncle asked me to sign a document saying that Id no rights to my grandfathers land. I didnt sign it. What now?He walked out on our marriage 2 years ago and disappeared: How do I serve my missing husband with divorce papers? He owes me thousands of dollars
Read the original here:
- Weaving Hope and Financial Independence: Fatima's Path to Empowerment - United Nations Development Programme - May 13th, 2024 [May 13th, 2024]
- Mother's Day 2024: Top 6 ideas to empower your mother with financial independence | Mint - Mint - May 13th, 2024 [May 13th, 2024]
- The Simple Path to Wealth - New Trader U - May 13th, 2024 [May 13th, 2024]
- Bitcoin Halving: A History of Economics Shift & Financial Independence - Crypto Times - April 20th, 2024 [April 20th, 2024]
- Your Excuses Will Never Help You Build Wealth - DataDrivenInvestor - April 14th, 2024 [April 14th, 2024]
- Financial expert comments on Brits methods of obtaining financial freedom - IFA Magazine - April 14th, 2024 [April 14th, 2024]
- Women reveal why they chose financial security over love - Yahoo News UK - April 14th, 2024 [April 14th, 2024]
- This 48-year-old dad retired early to move to Panama with his family: 'This has been the greatest thing' - Fortune - March 29th, 2024 [March 29th, 2024]
- More than just housewives: Ministry encourages women to embrace leadership, financial independence - Sinar Daily - March 29th, 2024 [March 29th, 2024]
- Gender equality through Financial Independence (CSW68 Side Event). - Welcome to the United Nations - March 16th, 2024 [March 16th, 2024]
- Journal Club 03-15-24 - Passive Income MD - March 16th, 2024 [March 16th, 2024]
- How much money Americans need to earn to be 'financially independent' - CNBC - January 29th, 2024 [January 29th, 2024]
- What is Financial Independence, Retire Early (FIRE)? - Bankrate.com - January 29th, 2024 [January 29th, 2024]
- HUYNH: The Student Council endowment could ensure financial independence - University of Virginia The Cavalier Daily - January 29th, 2024 [January 29th, 2024]
- Crypto Sundae The Dog $SUNDAE: Your Path to Financial Independence - Medium - January 29th, 2024 [January 29th, 2024]
- Financial Independence through Crypto: Top 3 Coins That Could Transform Your Portfolio in 2024 - CryptoDaily - January 29th, 2024 [January 29th, 2024]
- Salary Success: Is $94000 the Magic Number for Financial Freedom? - Study Finds - January 29th, 2024 [January 29th, 2024]
- Early Retirement Is Just A Big Lie - Seeking Alpha - January 29th, 2024 [January 29th, 2024]
- 4 Strategies to Achieve Financial Independence in 2024 - Business Insider - January 4th, 2024 [January 4th, 2024]
- 3 Legged Stool of Retirement | investing.com - Investing.com Canada - January 4th, 2024 [January 4th, 2024]
- What is Coast FIRE? Should you pursue this instead of vanilla financial independence? | Mint - Mint - December 25th, 2023 [December 25th, 2023]
- Book Recommendations on Money, Investing, and Financial Independence - Business Insider - December 25th, 2023 [December 25th, 2023]
- How 12 years of tracking investments has been a life-changer - freefincal on YouTube - December 25th, 2023 [December 25th, 2023]
- Understanding the Path to Financial Independence in Retirement - TickerTV News - December 25th, 2023 [December 25th, 2023]
- Females On FIRE: 3 Diverse Women Share Their Journey To ... - Bankrate.com - November 30th, 2023 [November 30th, 2023]
- WA Parents Lead in Funding Adult Kids, Survey Shows - Source ONE News - November 30th, 2023 [November 30th, 2023]
- Saving, Investing, and Running Marathons: My 25-year Journey to ... - freefincal on YouTube - November 30th, 2023 [November 30th, 2023]
- The Clash Against The Magnificent Seven - Community Advocate - November 30th, 2023 [November 30th, 2023]
- What is the perfect age to retire? Here are the 5 crucial questions you need to answer now - AOL - November 30th, 2023 [November 30th, 2023]
- Italy Searches for Museum Leaders, With Nationalism in the Air - The New York Times - November 30th, 2023 [November 30th, 2023]
- In Africa, Gender Equity in Construction Shapes Tomorrow's Workforce - Autodesk Redshift - November 30th, 2023 [November 30th, 2023]
- How Lifestyle Inflation Is Keeping You In The Rat Race (Avoid To ... - New Trader U - November 30th, 2023 [November 30th, 2023]
- Small business ideas to start at university - Arizona Big Media - November 30th, 2023 [November 30th, 2023]
- Top 5 Investment Ideas for Beginners: A Comprehensive Guide - Goodreturns - November 30th, 2023 [November 30th, 2023]
- How Huawei Is Helping China Build Up Its Semiconductor ... - Bloomberg - November 30th, 2023 [November 30th, 2023]
- Patient experiences of being advised by a healthcare professional to ... - BioMed Central - November 30th, 2023 [November 30th, 2023]
- When You Should Consider Buying Even More Stocks | White Coat ... - The White Coat Investor - July 19th, 2023 [July 19th, 2023]
- Sanaipei Tande's insights on marriage, polygamy and financial ... - Nairobi News - July 19th, 2023 [July 19th, 2023]
- Real jobs for eager young people: The Heckscher Foundation ... - New York Daily News - July 19th, 2023 [July 19th, 2023]
- All about the Benjamins: Researchers decipher the secrets of ... - ND Newswire - July 19th, 2023 [July 19th, 2023]
- How To Become Rich With The Power Of Compounding - New Trader U - July 19th, 2023 [July 19th, 2023]
- Women Deliver 2023 | Together We All Lead - Procter & Gamble - July 19th, 2023 [July 19th, 2023]
- Acclaimed Temple psychologist's new book explores parenting adult ... - Temple University News - July 19th, 2023 [July 19th, 2023]
- Where Is Kate Chastain From 'Below Deck' Now? - We Got This Covered - July 19th, 2023 [July 19th, 2023]
- Programs that help NYC migrants achieve financial independence ... - New York Daily News - June 26th, 2023 [June 26th, 2023]
- ChatGPT gives 10 reasons why you should buy Bitcoin - Finbold - Finance in Bold - June 26th, 2023 [June 26th, 2023]
- Scottish independence reset undermined by confusion over SNP ... - Financial Times - June 26th, 2023 [June 26th, 2023]
- It's Never Too Late to Become a Millionaire - New Trader U - June 26th, 2023 [June 26th, 2023]
- Milford Foundation Partners With MoneyTime To Improve Financial ... - Scoop - June 26th, 2023 [June 26th, 2023]
- Bitcoin ETFs: What Are the Potential Implications for Crypto? - Captain Altcoin - June 26th, 2023 [June 26th, 2023]
- De-dollarization will be a priority talk at BRICS meeting Cryptopolitan - Cryptopolitan - June 26th, 2023 [June 26th, 2023]
- Gen Z viewers are more inclined towards 'Financial Independence Retire Early' concept: Rachana Ranade - Times of India - February 7th, 2023 [February 7th, 2023]
- FIRE Movement: What It Is And How It Works - NerdWallet - January 31st, 2023 [January 31st, 2023]
- FIRE: Financial Independence, Retire Early Forbes Advisor - January 31st, 2023 [January 31st, 2023]
- Priyanka Chopra Jonas' idea of financial independence is inspirational and how! - Zoom TV - January 27th, 2023 [January 27th, 2023]
- Independence Realty Trust, Inc.'s (NYSE:IRT) Stock Has Seen Strong Momentum: Does That Call For Deeper Study Of Its Financial Prospects? - Simply Wall... - January 27th, 2023 [January 27th, 2023]
- What Is Financial Independence? Forbes Advisor UK - January 19th, 2023 [January 19th, 2023]
- The FIRE Movement: Financial Independence; Retire Early | Britannica Money - January 19th, 2023 [January 19th, 2023]
- Home | NextAdvisor with TIME - January 6th, 2023 [January 6th, 2023]
- Why Financial Independence with Children is Challenging. - December 28th, 2022 [December 28th, 2022]
- 8 Levels Of Financial Freedom - Forbes - December 23rd, 2022 [December 23rd, 2022]
- Independence Contract Drilling, Inc. Reports Unaudited Financial ... - November 25th, 2022 [November 25th, 2022]
- How Much Money You Need to Retire Early in All 50 States - NextAdvisor - November 25th, 2022 [November 25th, 2022]
- Funding | The Official Website of The Duke & Duchess of Sussex - October 23rd, 2022 [October 23rd, 2022]
- What the Future Voices of Personal Finance All Have in Common - NextAdvisor - October 19th, 2022 [October 19th, 2022]
- How this 41-year-old went from 'living on credit cards' to retiring early with $3 million in California - CNBC - October 19th, 2022 [October 19th, 2022]
- Insights on What Really Matters to Participants - PLANADVISER - October 19th, 2022 [October 19th, 2022]
- On the road to financial independence - The News International - October 19th, 2022 [October 19th, 2022]
- Womens center announces expansion to address domestic violence throughout the region - Houston Public Media - October 19th, 2022 [October 19th, 2022]
- PSLF Waiver Application Deadline - The White Coat Investor - October 19th, 2022 [October 19th, 2022]
- Fairfax Financial and Independence Pet Group Receive All Regulatory Approvals To Complete Sale of Global Pet Insurance Operations - GlobeNewswire - October 19th, 2022 [October 19th, 2022]
- Sustainable Bitcoin Miner CleanSpark Welcomes Investors and Analysts to its Mining Campuses in Atlanta - GuruFocus.com - October 19th, 2022 [October 19th, 2022]
- Deep Well Project to host open house for new financial stability initiative - WSAV-TV - October 19th, 2022 [October 19th, 2022]
- IIM Grad Quits Job to Help Over 1000 Women in Bihar Scale Their Small Businesses - The Better India - October 19th, 2022 [October 19th, 2022]
- Harry's Memoir Will Be 'Quite Revealing' 'If We Ever See It'Jeffrey Archer - Newsweek - October 19th, 2022 [October 19th, 2022]
- Where Harold Weilbrenner and Janice Weiner stand on issues in the Senate District 45 race - Iowa City Press-Citizen - October 19th, 2022 [October 19th, 2022]
- Moliy Is Swimming Against the Tide of Mainstream Afropopand Succeeding - OkayAfrica - October 19th, 2022 [October 19th, 2022]
- From Chaos to Success: The Mike Koshatko Story - Digital Journal - October 19th, 2022 [October 19th, 2022]
- SEC Warns Auditors to Take Their Role and Independence Seriously - JD Supra - October 19th, 2022 [October 19th, 2022]
- Suze Orman Hates the FIRE Movement. Here's Why - The Motley Fool - October 13th, 2022 [October 13th, 2022]