QUESTION
Do I have any rights to a house that I bought with my spouse?
Asked on Jul 28th, 2011 on Child Custody - Tennessee
More details to this question:
Been in relationship with same man for 11 years. We bought a house together, broke up and had my name taken off the house. We got back together, got engaged, and over 7 years ago moved back into the home. Never had my name put back on deed since we were to be married. Over the 7+ years, I have found out this man has cheated on me 2 times that I know of for lengthy amounts of time. The last time the husband of the wife he was cheating on called me and was making threats to kill my "boyfriend" and said he would sit in his vehicle in the road outside our home. I would like to move on and get out of this home. I have children from my previous marriage and work part time. Do I have any rights as to this house or anything? I have put everything I have into this house but nothing that shows on paper. Thank you for any help you can offer.
15 ANSWERS
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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Yes. The Court will make a fair and equitable division of all property acquired during the marriage.
Answered on Aug 05th, 2011 at 5:55 AM
Roianne Houlton Conner
You need to file for a divorce based on a common law marriage. If the common law marriage can be established and this is the marital residence then you have a claim on the house.
Answered on Jul 31st, 2011 at 8:35 AM
It is possible - depends what each party has put into home. We would have to review the details carefully. It would not be 50% though as that is reserved only for marriage.
Answered on Jul 29th, 2011 at 3:17 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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You need to consult an attorney regarding a Marvin claim.
Answered on Jul 29th, 2011 at 2:26 PM
Glen Edward Ashman
Since Georgia has equitable distribution, you might. Get a good lawyer to represent you.
Answered on Jul 29th, 2011 at 11:21 AM
Maybe; you seem to have both marital property and cohabitant rights issues, which are different but often overlapping.
Answered on Jul 29th, 2011 at 8:34 AM
Patricia C. Van Haren
If payments were made on the home during the marriage, you may have an interest in the home. There are several factors to look at in regards to payments made by the community towards the home or any increase in value of the home during the marriage. You should contact a family law attorney to discuss your potential interest and any rights that you may have to any equity in the home.
Answered on Jul 29th, 2011 at 8:24 AM
You said that you and he were engaged. Did you ever actually get married? That might help a little. However, as a practical matter, because the house was purchased years ago, and years before you go married (if you did get married), I would think that your best bet would a meretricious relationship action (in addition to or as part of a divorce if you did get married). A meretricious relationship is one in which, even though you weren't married, you met certain criteria. If you meet all of the criteria, then, the court can divide the property as though you were married. Whether you can meet the criteria of a meretricious relationship is somewhat technical and very detail oriented. You should probably sit down with an attorney and go through the relationship in great detail with that person.
Answered on Jul 29th, 2011 at 8:23 AM
You may have a claim for alimony and could make the argument that you are entitled to active appreciation of the house. Feel free to contact our office to discuss.
Answered on Jul 29th, 2011 at 7:38 AM
This response does not establish an attorney-client relationship nor is it an acceptable substitute for seeking legal advice.
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The situation you describe is far too complicated to provide a definite answer as to how a judge might rule if and when presented with the issue. It is also unclear whether your are now, in fact, married, but, if you are, your rights will be determined as a part of the overall divorce rulings. If you are not married, you will need to pursue a civil lawsuit to recover whatever interest you can prove to a court because there are no legal presumptions that work in your favor. In a divorce case, because, apparently, the property was titled solely in your husband's name before the marriage, the normal presumption that the property is marital doesn't strictly apply. However, the overall facts and circumstances following the purchase and the time you both lived in the property will be relevant in convincing a court that the house is marital property. Marital property is to be divided fairly - either by mutual agreement or by a judge after hearing all relevant information. You definitely need to consult an attorney to get a better assessment of your options from someone who can discuss all the relevant information.
Answered on Jul 29th, 2011 at 6:35 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You are entitled to a fair and equitable division of the debts and assets, including this house. He may argue it is separate but you appear to have some good arguments for having some or all of it treated as community. It will depend in part on your incomes, financial futures, and other assets and financial issues. See my website for more info on property division.
Answered on Jul 29th, 2011 at 5:42 AM
Family Attorney serving Seattle, WA
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Seattle Divorce Services
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Under Washington law the house may still be treated as community property to be divided even though the house is in his name. On the other hand, it may raise questions whether you made a gift to him of your interest in the house when you transferred it into his name. There may also be some community interest created by the investment of community funds into the house during the marriage. Talk to an attorney in your area to get more information about your specific circumstances.
Answered on Jul 29th, 2011 at 5:35 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Probably not. If you do it would be in an area of contact law called quantum merit, where you receive money for your efforts even though no contract for performance exists. Against you is the fact that you took your name off the house giving your equity to the boyfriend or perhaps trading it for what he had. Contact a lawyer, tell your story and see if you have a case.
Answered on Jul 29th, 2011 at 5:34 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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If you are married, it is likely that the equity in the home will be divided equally on divorce. If you are not married, you may still be entitled to 50% of the equity in the home under a domestic partnership arrangement. You should consult with an attorney to learn more about your specific rights.
Answered on Jul 29th, 2011 at 5:15 AM
William C. Gosnell
Yes, I believe that a judge would award you one of the value of the house less the mortgage.
Answered on Jul 28th, 2011 at 3:06 PM