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My husband and I are thinking of getting divorced. We bought a home and it is on his name only. We have one child below 18 years of age.
14 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Both parties can claim a portion of the equity from the home It does not matter who's name is on the title. Talk to an attorney to discuss further along with any other concerns.
Answered on Jan 13th, 2013 at 8:41 PM
Sharon Adams
It doesn't matter if your name is on the deed. If the home was purchased during the marriage, it is likely that it is marital property. You have a dower interest in any event.
Answered on Jan 10th, 2013 at 9:46 PM
In Utah, if you bought the home while you were married to him, the house is jointly owned, even if only one person's name is on the mortgage or deed.
Answered on Jan 10th, 2013 at 6:53 PM
Title alone is not determinative of how the house will be divided. If the income paying the mortgage is community, i.e. earned during the marriage, then the house will have a community property interest that must be divided between the parties. You should consult a family law attorney to review the facts and advise you.
Answered on Jan 10th, 2013 at 7:13 AM
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.
Answered on Jan 07th, 2013 at 5:40 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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See an attorney. House is his but you need to know how much of an interest you have in it - whether you signed a quitclaim deed during the marriage is also important. You should get child support (presuming he earns more than you and you will get at least 50% timeshare).
Answered on Jan 07th, 2013 at 5:40 PM
It really doesn't matter whose name is on the title. What matters is what money was used to acquire the house. It if was acquired with earnings during marriage it is community property and subject to equal division in a divorce case. You will need to deal with the issues of spousal support and child support. I strongly advise you make an appointment with a family law attorney in your county to find out all of your rights and duties.
Answered on Jan 07th, 2013 at 5:40 PM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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The court will divide your marital property, including the house, 50-50. Whoever gets the house will have to give up something else to equalize the division. You need to speak with an attorney to get the best outcome for yourself.
Answered on Jan 07th, 2013 at 5:39 PM
Who can afforded it? How much equity is in it? There are lots of options-sell it an split the proceeds. Was it owned by one party prior to marriage or purchased during the marriage.
Answered on Jan 07th, 2013 at 5:39 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 5:39 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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See how a court divides property in Washington.
Answered on Jan 07th, 2013 at 5:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Did he buy the house before you got married? Did you pay on the mortgage or did he? How long have you been married? Why is it in his name only? There are a lot of questions that you need to discuss with an attorney in order to come up with the answer. Call the State Bar of Idaho and they will refer you to counsel who can help answer the questions.
Answered on Jan 07th, 2013 at 5:37 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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There are too many variables in a divorce case to isolate an answer concerning a single asset. The judge will look at everything in the marital balance sheet and divide the property in what the judge thinks is a fair manner. I suggest you hire a lawyer.
Answered on Jan 07th, 2013 at 5:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If "we" bought a house, and paid for it the divorce court will most probably ignore the fact that it is titled only in his name.
Answered on Jan 07th, 2013 at 4:51 PM