QUESTION
Can my spouse take my house if we are both on the title?
Asked on Nov 15th, 2013 on Divorce - Michigan
More details to this question:
I am going through a divorce and my wife is claiming she is going to get a court order to move me out of my house. We both are on the title however, I pay everything because she hasn't worked in 10 years, which was her choice. She also is claiming she is going to take the house but she doesn't have a job. Can she do this?
9 ANSWERS
When parties can not agree on the division of property, the court will decide how to handle the division of property.
Answered on Nov 21st, 2013 at 8:11 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Are there any children? Then she might be able to get you out. Have you been abusive? Then she might be able to get you out. As for taking the house from you, assuming it is the marital home and there is no pre-nup affecting it, you will each be entitled to one-half its value and obligated to pay-one half of the debt associated with it. If she wants the house, she will have to pay you one-half the equity and vice versa. You really ought to talk with a local attorney about the issue.
Answered on Nov 21st, 2013 at 7:53 AM
Bruce Provda
It is doubtful that she can do this. Get an attorney.
Answered on Nov 20th, 2013 at 11:22 AM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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If you have assets and/ or children, getting a divorce without an attorney is ridiculous. If you don't have a lawyer, go get one. "Taking my house" is broad. It is a joint asset and the mortgage is a joint liability.
Answered on Nov 18th, 2013 at 12:49 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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She can ask but those are all issues for the Judge to decide. I hope you have an attorney.
Answered on Nov 18th, 2013 at 12:42 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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She can ask the court to award her temporary possession but that does not mean you wouldn't maintain your monetary interest in the property.
Answered on Nov 18th, 2013 at 12:37 PM
The only way she can get you to move out of the house is if there is domestic violence or a threat of domestic violence. If there hasn't been, watch out that she doesn't try to accuse you of it. If the house was acquired during marriage it is community property and you are each entitled to one-half of its equity. If your wife can't afford to buy you out, it will have to be sold. You didn't mention it but I assume you are working. If you are and she isn't, you need a court order to force her to look for work. Otherwise you will be paying spousal support for a long time. You might also have to pay some of her attorney fees. I suggest you see a family law attorney in your community right away. Good luck.
Answered on Nov 18th, 2013 at 12:36 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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She should NOT be able to kick you out of the house while the case is pending, unless you harm her or threaten to harm her. For her to be awarded the house, she must be able to "buy you out" from your 50% share of the equity in the house ("equity" is calculated by deducting the current balance of the mortgage and any other liens, like second mortgages or home equity lines of credit, from the current fair market value of the house).
Answered on Nov 18th, 2013 at 12:36 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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That is a difficult question.. if she can afford it she can take it...she might have to split any equity with you.. but if she does not work how can she afford it? The primary reason she might get the house is because you have minor children.. you do not say so there is no way to tell.
Answered on Nov 18th, 2013 at 12:35 PM