QUESTION

Husband bought a house prior to marriage, he is the only one on the title, if divorcing would I be liable for the house debt?

Asked on Aug 01st, 2013 on Divorce - California
More details to this question:
The house was bought for both of us even though I am not on the title.
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4 ANSWERS

Family Attorney serving Sacramento, CA at Peyton & Associates
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Title does not control who gets real property. If the house was a gift to both of you, it belongs to both of you. If the deposit on it was a gift to both the same thing applies. If you can't prove it was a gift to both of you then you are entitled to basically one-half of all mortgage payments and improvement payments made on the house during your marriage. Get a lawyer to protect your rights on this issue.
Answered on Aug 07th, 2013 at 10:10 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Not to the bank, but perhaps in the divorce judgment. Get counsel.
Answered on Aug 07th, 2013 at 10:10 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Has it been the marital home? If so, it is probably community property, so you would be liable for the debt through the divorce but not to the mortgage company. However, you are also entitled to one-half the value. Assuming there is equity in the home, you should be paid one-half of the equity and would not have to worry about the debt.
Answered on Aug 07th, 2013 at 10:10 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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Unless you are awarded the house, you would not be responsible for the debt.
Answered on Aug 07th, 2013 at 10:10 PM

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