I paid off my home 2 years before I got married. I got married and put her name on the deed. I have paid all property tax and up keep of the home out of my own personal checking account After 2 years of marriage what rights does she have to the home. I am from Wyoming.
1 Answer from Attorneys
Wyo. Stat. § 20-2-114 provides that the disposition of property shall be equitable. Equitable does not always mean equal. To determine what is equitable, the Courts look at the respective merits of the parties; the condition in which they will be left by the divorce; the party through whom the property was acquired; the burdens imposed upon the property for the benefit of either party and the children. Unfortunately, there are no hard and fast rules for parties to rely on in regards to predicting the Court's potential ruling. The trial court exercises complete discretion over a property determination. Additionally, Lovejoy v. Lovejoy holds that in granting a divorce the Court may dispose of either parties separate property and the property division may reach the separate property of either spouse. Arguably, the home was purchased and paid for before the marriage, and the Court may consider that. However, depending on how both parties will be left after the marriage and the disposition of the other assets, your wife could be awarded an equalization payment for some portion of the home, depending on what the Judge deems is "fair."