QUESTION
The house mortgage and deed and all bills are in my name husband has no bank account and we have a 5 year old child is he entitled to the house?
Asked on Jan 03rd, 2013 on Divorce - California
14 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If the house was paid for with money earned during marriage, it is a marital asset. If you owned it before marriage, you are entitled to the equity you had in it before marriage and then you and your husband divide the marital equity.
Answered on Jan 14th, 2013 at 2:48 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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In California, property and money used to acquire property are community in nature. Generally all assets and debts acquired during the marriage should be divided equally. However, if the house was bought by one party before the marriage, but then payments were made on the home during the marriage, it is mixed community property and separate property and you will need to consult with a professional to figure out what portion of the property is your separate pre-marital property, and what portion is community property (half yours). Also, the form of the title is a factor in determining if the owners meant for the entire property to be separate property, so there may be an argument here that you both agreed during the marriage that the property is yours alone and put it into your name alone for that reason. Be aware this can be difficult to prove if he argues against it.
Answered on Jan 07th, 2013 at 5:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. You need to talk with an attorney about all of the factors, e.g. did you both live in the house, did he pay on the mortgage, did you both consider it community property, etc. Sometimes the courts will look beyond the appearance to get to the truth.
Answered on Jan 07th, 2013 at 5:17 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If and when a divorce is filed each party has a right to a "fair share" of all the marital property. The name on deeds and accounts does not indicate what is or is not marital property. A "fair" division is whatever you and your husband agree to do or, if you can't agree, it what a judge believes after hearing all the relevant information that you have not provided with your question.
Answered on Jan 07th, 2013 at 5:17 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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If the home was acquired during the marriage, BOTH spouses have a community property interest in the home. Whether one spouse's name is on the title, on the mortgage, etc., does not affect the other spouse's community interest.
Answered on Jan 07th, 2013 at 5:16 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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He may have a legal interest in the house even if his name is not on the house. You should consult with an attorney.
Answered on Jan 07th, 2013 at 5:16 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Your note does not provide enough information for a lawyer to give you a response.
Answered on Jan 07th, 2013 at 5:16 PM
If it was bought during the marriage, it is considered to be community property. If owned prior to marriage, there are contribution issues that could allow him to acquire a financial interest.
Answered on Jan 07th, 2013 at 5:16 PM
Your husband may have a community property claim to your separate property house. You need to consult an attorney on this.
Answered on Jan 07th, 2013 at 5:15 PM
In California, it doesn't matter how title is held. What matters is what money was used to acquire the property in question. So. If the down payment and monthly payments were made on the house during your marriage from earnings acquired during marriage, the house is community property and is subject to equal division in a divorce.
Answered on Jan 07th, 2013 at 5:13 PM
General Practice Attorney serving Sterling Heights, MI
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Law Office of Derik R. Girdwood
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Probably not.
Answered on Jan 07th, 2013 at 5:13 PM
Estate Planning Attorney serving Las Vegas, NV
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Law Offices of Pamela R. Lawson
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No, but not because the house is in your name alone, assuming the house was purchased during the marriage and you do not have a pre-nuptual Agreement. Assets and debts accumulated during the marriage are considered community property, you both own the assets and owe the debts.
Answered on Jan 07th, 2013 at 5:13 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, you haven't provided enough information to determine who would obtain the house.
Answered on Jan 07th, 2013 at 5:12 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He's entitled to a portion of the house - 1/2 principal paydown and a percentage of the appreciation.
Answered on Jan 07th, 2013 at 5:12 PM