My wife is not on the title but is on the loan. It was my house and when we refinanced, the title company did not include her on the title, just on the loan. We have only been married three years and she brought money into the marriage from the sale of her house. Since the money was comingled, she wants half of the farm. Can we fight that and win? She already wants $750 per month for child support and lots more money from splitting assets. I had the farm six years before we got married and prior to refinancing, was on both the title and the loan.
It is difficult to say for sure that you can fight this and win. It is totally dependent on the documentation that you can provide to back up your claim of separate property. At minimum, she will be entitled to one-half of the appreciation in the equity of the farm. I think you can preserve the separate nature of the remaining interest, but you will have the burden to produce all the documentation and information to prove that you had no intent to make the farm marital property by refinancing.