QUESTION
Going through divorce, my name alone is on the deed of the house, does my husband get half?
Asked on Aug 18th, 2013 on Divorce - Michigan
7 ANSWERS
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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The ownership of a home can be complex. The answer depends on many factors, including but not limited to when was the home acquired - before or after your date of marriage? Title is a factor but the ownership may be rebutted with additional facts. Another important factor is whether the payment of the applicable mortgage during the marriage was made with the parties' income. If so, then those payments create a community property interest in that property.
Answered on Aug 20th, 2013 at 8:29 PM
Title alone does not determine what will happen to the property. You should consult a family law attorney to review all of the facts and advise you how the court is likely to characterize the property.
Answered on Aug 20th, 2013 at 7:42 PM
It depends on what money was used to buy and pay for the house. If the two of you used earnings during marriage, the house is community property and your husband is entitled to one-half of the equity in the house. Title is not the controlling factor.
Answered on Aug 20th, 2013 at 2:43 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Your question doesn't include enough facts to give you an answer. If it was purchased during the marriage, it is community property and jointly owned. If it was purchased prior to the marriage, it is separate property and belongs to only. I suggest you hire a lawyer.
Answered on Aug 20th, 2013 at 10:47 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. It depends on a lot of factors. Ask your attorney about the chances.
Answered on Aug 20th, 2013 at 10:09 AM
Divorce and Custody Attorney serving Feasterville, PA
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Law Offices of Michael Kuldiner, P.C.
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Not necessarily. The distribution would have to be equitable. Based on many factors. See an attorney for further advice.
Answered on Aug 20th, 2013 at 8:51 AM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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Just because your name is the only name on the deed does NOT necessarily mean your husband is not entitled to anything. Generally speaking, subject to many exceptions, the husband should have a claim to half of the increase in equity that occurred in the house (if any) during the course of the marriage, assuming the husband and wife both lived in and treated the house as the marital home during the marriage. Equity is calculated by subtracting the balance of the mortgage and any other liens (like a home equity line of credit or a second mortgage) from the fair market value of the house.
Answered on Aug 20th, 2013 at 8:39 AM