Does title control distribution of assets in a divorce? Nope.
Seven months before this couple married, they purchased a home. They bought the home with the husband’s money. They titled the home jointly. They marry. They separate 7 months later. Husband makes all the mortgage payments on the home before and after separation.
The trial court awards the home to husband. Wife appeals claiming the trial court had no jurisdiction to award the home to husband because title was joint and the home was purchased before marriage. Section 40-4-201(1) MCA grants trial courts the power to equitably distribute property “…however and whenever acquired and whether the title thereto is in the name of the husband or wife or both.”
The Supreme Court affirmed, holding that title — in and of itself — does not control the distribution of property in a divorce.
