QUESTION
What can I do if the house in the divorce is not in my name? How?
Asked on May 11th, 2015 on Divorce - New York
More details to this question:
My wife and I purchased a home 10 years ago. I gave her $17,000.00 for the home. I never knew the home was not in my name until 2 years ago. By law, do I get half the house?
11 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes by law the house is marital property regardless of whether its in your name or not
Answered on May 12th, 2015 at 10:57 AM
Family Law Attorney serving Fountain Valley, CA
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Law Office of Edwin Fahlen
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This is a very complex question. All of the facts regarding purchasing the property need to be known. What was the intent, the agreement (if any), why was the property only in your wife?s name. You need to discuss these facts with an attorney as one-half the equity in a house is at stake.
Answered on May 12th, 2015 at 10:37 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The question will be who put what money into the house and how was the mortgage paid. You may or may not get half (depending on the answers to the initial question) but you will get something.
Answered on May 11th, 2015 at 5:35 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The answer is more complicated than the question. But the general principle is that there is a presumption of a 50/50 division of property (and debt) acquired during the marriage. Good Luck.
Answered on May 11th, 2015 at 5:07 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If the house was purchased during the marriage it is marital. If the money you gave her was premarital you could possibly get it back off the top.
Answered on May 11th, 2015 at 5:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Most probably one half of the equity. Clearly, you should see an attorney with the details and to learn your rights and obligations.
Answered on May 11th, 2015 at 5:04 PM
1 Award
If the house was purchased during your marriage, it is presumed by law to be community property regardless whether your name is on it.
Answered on May 11th, 2015 at 5:04 PM
Your situation is confusing. First, if the home was purchased during the marriage, the presumption should be that it is a marital asset. However, you state that you gave her $17,000.00 for the home. The question that is raised is where did the $17,000 come from? Your personal account or from the marital bank account. If from the marital bank account, that would further the presumption that it is a marital asset. If from your personal account, one would have to ask if you and your spouse were keeping your monies and other assets separate from the marital assets. Good luck.
Answered on May 11th, 2015 at 4:32 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Probably. But, if you don't hire an attorney, it would seem that you don't care.
Answered on May 11th, 2015 at 4:23 PM
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Nebraska is a community property state and thus, it does not matter whose name the home is titled in - if it was purchased during the marriage and paid down with marital monies, it is a marital asset to be divided in your divorce. You should at least consult with a family law attorney who can confidentially discuss the details of your specific situation with you and advise you on your options.
Answered on May 11th, 2015 at 4:22 PM
Bruce Provda
Yes you will have some interest in the home. You have surely contributed to the mortgage also if there is one. See an attorney right away to check on other equitable distribution.
Answered on May 11th, 2015 at 4:21 PM