QUESTION
House is my husband’s name and been married for 27 yrs can I still get part of the value of the house from him?
Asked on Dec 10th, 2012 on Divorce - Michigan
More details to this question:
We had both paid towards the running of the house for 27 yrs, he put everything is his name. I am not in the home and have not received any money from him since I left also I am on disability.
12 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to consult with an attorney in order to best determine your potential rights and options.
Answered on Dec 14th, 2012 at 1:19 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Find an attorney. If you used community money (sounds like you did) then the community (you're 1/2) is entitled to money out of the house. There are different formulas depending on the facts surrounding the house. You should also file for spousal support and for attorney fees.
Answered on Dec 13th, 2012 at 11:30 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You are entitled to a share of the equity earned during the marriage. You should consult with an attorney to discuss your options further.
Answered on Dec 13th, 2012 at 9:51 PM
You are entitled to one half of everything acquired during marriage from his and your efforts. The only thing not included in this category are gifts and inheritances. So if you two bought the house with money you earned during the marriage and made payments on it during the marriage, it is community property and you are entitled to one half the net value of the home. You are also entitled to one half of all retirement benefits acquired through your husband's employment, if any. Spousal support will depend on each of your income but on a long term marriage such as yours you should be getting support. I strongly urge you to talk to a family law attorney in your county as soon as possible.
Answered on Dec 13th, 2012 at 9:35 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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There is a presumption that everything the parties own at the time of divorce is community property and can be divided. I suggest you hire a lawyer.
Answered on Dec 13th, 2012 at 9:34 PM
The state of the title is only one indicator of ownership that the court looks at during a dissolution to decide how the property should be divided up. In all likelihood the house is community. You should consult a family law attorney to review the facts and advise you.
Answered on Dec 13th, 2012 at 9:16 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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You need to seek help from a family law attorney. Yes, you likely have a community property interest in the home; furthermore, you may be entitled to spousal support.
Answered on Dec 13th, 2012 at 9:14 PM
You can seek reimbursement for community property used to support (pay the mortgage) his separate property asset.
Answered on Dec 12th, 2012 at 2:53 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If the house was purchased after you were married, then it is community property subject to equitable division. It does not matter that it is titled in his name alone provided you did not sign a disclaimer deed. There could also be a claim if the house has increased in value over the course of the marriage, even if it was purchased prior to the marriage.
Answered on Dec 12th, 2012 at 12:56 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado the name on a deed to real estate does not control what happens in a divorce unless he owned the house before you were married. At the very least, the increase in value of the property during the marriage is marital property; in 27 years that is probably a substantial increase, but the existence of loans secured by the property will affect the real value subject to division in divorce. There are no simple, fixed rules for dividing marital property but from the minimal information you provided you should be able to expect some monetary compensation for your interest in the house.
Answered on Dec 12th, 2012 at 12:55 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Doesn't matter who's name it is in. It is marital property.
Answered on Dec 12th, 2012 at 12:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Obviously, you are separated and potentially planning a divorce. I would seek just to get an attorney to represent you and provide you with the information regarding your rights and liabilities. Beginning your question about the house, a court in a divorce situation will generally not pay any attention to in whose name assets which have accumulated and paid for during the marriage are. You need an attorney.
Answered on Dec 12th, 2012 at 12:11 PM