QUESTION
My husband bought a couple of houses a couple of years ago and I'm wanting to move into one without him do I have any rights to the house?
Asked on Feb 05th, 2013 on Divorce - Florida
More details to this question:
We are still married and we are wanting to split up. The house is in his name only. What can I do?
7 ANSWERS
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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There are too many factors involved in your situation to be able to formulate a reasonably certain opinion as to what will happen to the houses. A judge will look at many factors, including, but not limited to whether any non-marital funds were used to purchase the houses, and whether you can afford to refinance the house to get husband's name off of the mortgage, if any.
Answered on Feb 07th, 2013 at 9:00 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If he bought house with marital assets you have a percentage ownership in the marital asset. YOu would need to file a petition in Family Court for property division.
Answered on Feb 07th, 2013 at 2:15 PM
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 the houses were purchased during the marriage with community money, they may arguably be community property regardless of the title. Or they could be separate with the community having an interest. It all depends on where the money came from, etc. It's technical and a lot of information needs to be obtained to answer this question.
Answered on Feb 06th, 2013 at 11:51 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 acquired during the marriage is community property meaning that both parties own an interest in it. If a divorce is filed, the judge can order temporary possession of the houses to one of you, order who is to pay the bills, etc. I suggest you hire a lawyer.
Answered on Feb 06th, 2013 at 11:50 PM
This would depend on the source of the money used to buy the house. If it was earned during the marriage then the house is a community asset. If it was from a separate property source then it is separate.
Answered on Feb 06th, 2013 at 11:42 PM
If the houses were bought during marriage they are community property unless the funds used were his separate property ie inheritance. Both parties are entitled to the custody and control of community property. You should consult a family law attorney to review all of the facts and advise you.
Answered on Feb 06th, 2013 at 11:41 PM
John Arthur Smitten
If bought during the marriage it is presumed marital property.
Answered on Feb 06th, 2013 at 11:36 PM