QUESTION

Will I still be entitled to half of the house if ever we get divorce?

Asked on Feb 06th, 2014 on Divorce - California
More details to this question:
I have been married for 14 years, been on title for mortgage for that long with my husband. The house was bought after getting married. I’m thinking of going off the title to increase my chances of getting transfer mortgage.
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10 ANSWERS

Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You question seems to be two, and confusing. Hire an attorney and provide the details.
Answered on Feb 11th, 2014 at 8:44 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Probably, but you need to talk with a local attorney about the situation. Each state's laws are different.
Answered on Feb 11th, 2014 at 8:44 AM

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Personal Injury Attorney serving Overland Park, KS at Ankerholz & Smith
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Always be mindful that there is a big difference between being on the title, and being jointly responsible for the mortgage obligation. Being on the title means you have an express ownership interest in the real estate. Depending on your state law, you may have a marital interest in the property simply because you are married, even if your name does not appear on the house title or Deed. Being on the mortgage means you are either individually or jointly responsible for the debt against the house, without regard to whether you have an ownership interest. Depending on your financial situation, another mortgage company may not want to approve you for a new mortgage if you are already responsible for an existing mortgage. Normally, the house will need to be sold, or your spouse will need to refinance the mortgage into his or her individual name, to absolve you from responsibility on the mortgage. If your individual credit or income was not considered when the mortgage was first approved, the mortgage company may voluntarily release you from the mortgage. That release is called a novation. Such a release is uncommon, because most mortgage companies want all possible parties to remain responsible for the debt until it is paid in full. Removing your name from the title (Deed) to the property does not change your mortgage responsibility. In Kansas, the divorce court has jurisdiction to equitably divide the equity from the residence, which is marital property because the house was purchased during the marriage. Note that some of the equity in the property may be deemed to be non-marital if some of the funds used to pay the mortgage came from non-marital sources, such as a parental gift or an inheritance. Consult an experienced family law attorney for advice regarding your specific situation.
Answered on Feb 10th, 2014 at 9:15 PM

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Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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Transferring title of the property to remove your name from the title can be dangerous and I would not recommend it unless there is a simultaneous or subsequent written agreement that specifies your community property rights. There is case law that could support the contention that your signing a deed would be a transmutation of your community interest to your spouse's separate property.
Answered on Feb 10th, 2014 at 9:15 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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What do you mean by "transfer mortgage." Do you plan on getting a divorce? You don't say if you're on the mortgage. If you are, you would be crazy to get off the warranty deed as you would still be liable to the mortgage lender. If you're not, it would still be a mistake and in any case wouldn't have any impact on your ability to get a mortgage. Whether or not you're entitled to half of the house, depends on a lot of things, not just whether your name is on an ownership document.
Answered on Feb 10th, 2014 at 9:13 PM

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Family Law Attorney serving Johns Creek, GA
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In Georgia, you are entitled to an "equitable interest" in the marital home. Usually this translates in the half of the equity, but not always.
Answered on Feb 10th, 2014 at 9:13 PM

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Marital property by definition is property acquired during the marriage. In the event of a divorce, the District Court has jurisdiction to divide marital property between the parties. Whether your name is on the title is not the most important consideration.
Answered on Feb 10th, 2014 at 9:11 PM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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In Nebraska, it does not matter in whose name the property is titled. If it was acquired during the marriage, it will be subject to division in the divorce, barring other factors. Consult with an attorney for your specific rights and responsibilities.
Answered on Feb 10th, 2014 at 9:10 PM

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You need to speak with a divorce attorney because there is not enough information here. It sounds like, based upon the bare information provided, that you should be entitled to a percentage of the marital property, however, I'm not sure what you are asking or stating about a transfer of mortgage. Transfer from whom to whom and for what reason?
Answered on Feb 10th, 2014 at 9:09 PM

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Don't do it. But on the other hand, don't ever plan on getting divorce. Not a good idea. But if you go off title (I assume you are a joint tenant.) and he dies, the house will not automatically go to you. If you are on title as a joint tenant, the house becomes yours without probate. Much better. It is also better to be on title if you do get a divorce. Much better.
Answered on Feb 10th, 2014 at 8:26 PM

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