QUESTION

Does my husband have any legal rights to my house?

Asked on Nov 01st, 2013 on Divorce - California
More details to this question:
My husband and I have been married for 13 years and separated on July 25, 3013. I have made several attempts to work this marriage out and he refuses. In 2000, I moved into my home, but because of problem with financing, I wasn't able to finance my home until after we got married. My name is only name on loan. We have a legal agreement that I have not signed yet because I need to know answers to following questions. One paragraph says "each party shall have the right and privileges that each would have if not married to each other including, right to reside at any place, engage in any occupation, employment, etc. 1. Does this mean my husband can have a relationship with another women or would this be considered adultery? 2. Does he have any legal rights to my house. We have however did some upgrades to house and need to know how courts look at it and if my husband would get half on the house in which I still owe $61000.00 on.
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4 ANSWERS

It may be that your husband may have a community property interest in a separate property asset. You need to consult an attorney.
Answered on Nov 08th, 2013 at 2:36 AM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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In Nebraska it doesn't matter how property is titled. It sounds like you are saying that you bought a house while you were married and made the mortgage payments while you were married. That would make it property that would be subject to division during a divorce. I don't know what you have a legal agreement for is it for a divorce or legal separation? Without knowing what the agreement is for, I cannot answer the balance of your question.
Answered on Nov 07th, 2013 at 11:13 PM

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You really need to get a good lawyer to answer these questions for you. There are so many other facts and factors that have to be taken into consideration. Do yourself a favor and get a consultation with a lawyer. Get a good family law trial lawyer to assist you. There are many attorneys, including myself that provide a free consultation.
Answered on Nov 04th, 2013 at 10:41 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You need to confer with an attorney with the details. It sounds as if you are about to enter a separation agreement which you should have reviewed by an attorney and explained to you. As for the house, its it in both names but just the note signed by you? do yourself justice and see an attorney, it is just the rest of your life and the distribution of your assets!
Answered on Nov 04th, 2013 at 10:41 PM

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