QUESTION
Does that mean I just have to leave and he gets to keep everything if my name is not on the house?
Asked on Feb 10th, 2017 on Divorce - Washington
More details to this question:
I have been married to my husband for 8 months but with him for 10 years. We have 2 children together and now are talking divorce. He told me that I have to move out of the house we bought together three years ago and none of it is mine since it is in his mom’s and his name. My name is not on it. All the payments have been in his name nothing at all in his mom’s. I have worked part time and also been a stay at home mom. I am now back in college to try and get a better career and he just expects me to take the kids and start all over. Although we a have only been married officially a short time, this does not seem fair.
1 ANSWER
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You have an interest in a portion of the equity in the house for the period of your cohabitation as well as the marriage, but only for that portion that is held in his name and not his mother's. You don't say where the down payment or the mortgage came from, your husband (in which case a portion is yours) or his mother (which is neither yours not his). You should immediately file for dissolution or legal separation so you can establish who gets to stay in the house and establish child support and possibly maintenance (WA word for alimony). It's more complex than whose name is on the title to the house.
Answered on Apr 19th, 2017 at 4:38 AM