Is my brother entitled to any equity the marital home might hold if the wife purchased it?
Full Question:
Answer:
Assuming your brother and his wife reside in West Virginia and plan to file for divorce there, West Virginia law would apply. West Virginia is an "equitable distribution" state, generally meaning that all marital property acquired during the marriage is subject to division. Property brought into the marriage or property that a person had before the marriage is not subject to division in a divorce. To prove that you had property that should be considered non-marital property you need to show that you either owned it before marriage, it was a gift to you from someone besides your spouse and was only meant for you, and that you inherited it. The court will determine what is non-marital property before proceeding with the case.
Marital property, on the other hand, will be divided in just proportions, most likely equally. Even if one spouse stayed home and cared for the house and the children, most courts will consider that an equal contribution to the relationship and thus that spouse will be awarded an equal share of the property. It is best for you and your spouse to agree on which spouse takes what piece of property, it simplifies the entire process. If settlement is unlikely, you will need to determine the value of each and every piece of property that you own. If you do not agree with your spouse on the values a court appointed appraiser will have to value the goods, and it is likely that they will appraise it at an amount lower than you would like. All debts acquired during marriage will be considered marital property and should be distributed likewise.
The court may adjust the division of property based on the following factors:
1. The contribution of each spouse to the acquisition of the marital property,
including the contribution of each spouse as homemaker and in child-care;
2. The value of each spouse's separate property;
3. The amount and sources of income of the spouses;
4. The conduct of the spouses during the marriage only as it relates to the
disposition of their property;
5. The value of the labor performed in a family business or in the actual
maintenance or improvement of tangible marital property;
6. The contribution of one spouse toward the education or training of the other
which has increased the income-earning ability of the other spouse;
7. The foregoing by either spouse of employment or other income-earning activity
through an understanding of the spouses or at the insistence of the other spouse;
8. Any other factor necessary to do equity and justice between the spouses.