Debunking Domestic Relations Myths

   As one of the attorneys at the firm who focuses my practice on domestic relations, I regularly field questions from folks who are considering how to end an unhappy marriage or who still have disputes with an ex-spouse.  Invariably, part of my conversation with these people is consumed with debunking common myths and correcting misinformation they may have received from family, friends and the media. 

   I am not surprised that my clients are frequently misinformed before they come to see me.  The drama associated with divorces and dissolutions provokes more conversation and unsolicited advice than any other kind of lawsuit.  It seems that everyone has a story to tell or advice to share about divorces and dissolutions regardless of whether they have any legal training or expertise.  Unfortunately, more often than not, informal advice from family, friends and the media is wrong or, at best, not correctly applied to a particular situation. 

The first in a series

   While it is impossible for me to set the record straight about every domestic relations myth I have heard, I will take the opportunity to author a series of blogs dedicated to debunking some common domestic relations myths I encounter in my practice.  Note: These blogs, and any advice or information within them, should not be used as a substitute for legal advice about a specific situation from a competent and fully informed attorney.  Without further disclaimer, allow me to debunk some of the myths I encounter in my daily practice as a domestic relations attorney. 

MYTH #1:  It is Titled in My Name, So It is Mine!

   By far, the most common myth I encounter in my daily practice is that the title to a vehicle or a deed to property determines who “owns” that item for purposes of divorce or dissolution.  The truth is that titles and deeds are almost always completely irrelevant to how an asset will be dealt with in a divorce or dissolution.   

   I encounter this myth most frequently when I talk to my clients about real estate and about what cars or recreational vehicles they have.  Inevitably my client will say something like “the house is in both of our names so he has no more right to it than me” or “my motorcycle is only titled in my name so she has no claim to it.”  In these examples, my client’s ultimate conclusion may or may not be right but the assumption that the title or deed is the determining factor is completely wrong.    

Deeds and titles are not created in anticipation of divorce.

   In a divorce or dissolution, the name on a title or deed is usually irrelevant.  After all, deeds and titles are not usually created in anticipation of a divorce and the names on a title or deed can be changed rather easily.  There are many reasons why a couple might decide to put a particular name on a title or deed, including asset protection, estate planning, an effort to boost a spouse’s creditworthiness, or just plain convenience. 

   In each of these cases, the name on the title or deed is not usually intended to divest the unnamed spouse of all rights to the item or property.  If domestic relations courts allowed the name on titles and deeds determine all rights to property, it would create very unfair results in divorce and it would make it easy for a dominating spouse to take advantage of his or her authority in the household by manipulating deeds and titles.

What courts consider

   Rather than analyzing titles or deeds, a domestic relations courts focus on when the asset was acquired and how it came to belong to one or both spouses.  If the asset was bought during the marriage and paid for with money earned by either spouse during the marriage, it will almost always be considered a “marital asset,” regardless of which spouse’s name is on the title or deed.  In the opposite scenario, where an item was bought and paid for by one spouse before marriage, the item will almost always be “separate property” regardless of the title or deed.

   Ultimately, in a divorce, the domestic relations court will account for the value of all marital assets and equitably divide those assets between the husband and wife. 

A word of caution

   The rules described above cannot be followed blindly in every situation and can sometimes become more complicated.  One situation that frequently turns these rules up side down involves disputes about gifts from family or friends and whether the gifts were made to the couple or to only one of the spouses.  In such a dispute, a deed or title may, in fact, be a very important piece of evidence. 

   Regardless of how simple or complex the analysis, one thing is certain: the name listed on a title or deed does not determine who will get that asset in a divorce or dissolution.  In fact, the name listed on the title or deed is usually completely irrelevant in a divorce or dissolution for purposes of determining how that asset will be accounted for.        

Christopher Baronzzi can be reached at cbaronzzi@hhmlaw.com or at (330) 337-6586