QUESTION
Is it true that I can't get the house if it's in my name but my husband helped me with the down payment and the loan?
Asked on Apr 27th, 2013 on Divorce - Colorado
More details to this question:
My husband is cheating on me, he has other women. I had the condo on my name before we got married. He helped me with the down payment and with the loan. He told me he will get the condo and I will not get anything. We have been married for 3 years but we don’t have a child.
8 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Why should you believe the legal advice given you by a non-lawyer who is also a cheating husband? Consult a skilled family lawyer. You will discover that in all likelihood he is just lying to you in order to keep you under his thumb.
Answered on Apr 30th, 2013 at 11:55 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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It is astonishing to me how many people simply listen to their spouse telling them what will happen in a dissolution, and do not take the opportunity to consult with experienced legal counsel. If the condo was purchased prior to your marriage then it is your sole and separate property. That is not to say that your husband may have no claim to a reimbursement for money he may have loaned you. There are many factors involved, and there is no substitute for meeting with an experienced family law attorney to discuss the classification of property as sole and separate or community.
Answered on Apr 30th, 2013 at 1:22 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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So you listen to a man who lies to you all of the time and you believe him? Get an attorney, file for divorce and kick him out of your house, not his.
Answered on Apr 30th, 2013 at 12:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney with all of the facts, most probably you will both have some rights in the condo.
Answered on Apr 30th, 2013 at 12:15 PM
The house will probably be split between you. You should consult a family law attorney to go over all of the facts to determine what will happen with the house.
Answered on Apr 30th, 2013 at 12:14 PM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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I think your husband is trying to intimidate you. Under the facts you have described, it is unlikely that you will get "nothing" in the divorce. It is possible that a Family Court Judge would determine that some percentage of the equity in the condo is a marital asset, and that your husband may have a claim to it. However, if you have proof that your husband has committed adultery that is grounds for divorce in South Carolina. A South Carolina Family Court judge will consider "marital fault" in making a distribution of marital property and give you a greater portion of the marital assets. Additionally, it is realistic that the Court could order your husband to pay your legal fees and court costs in the divorce along with temporary maintenance and support (alimony).
Answered on Apr 30th, 2013 at 12:14 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Under Washington community property law, the contribution of separate property (i.e., pre-martial assets) or community monies or labor after marriage to the separate property residence of a spouse can create a "lien" on the separate property residence and a claim to reimbursement. It depends on the specific facts and circumstances of your case. I recommend that you consult with a specialist who practices in the county in which you reside.
Answered on Apr 30th, 2013 at 12:14 PM
Child Custody Attorney serving Denver, CO
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Sturniolo & Associates
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The court will look at the total circumstances concerning the purchase of the condo. If it is in your name and purchased before the marriage, there is a presumption that it is your separate property. But the court will look at the equity in his down payment. He is wrong about his priority in taking the home. You will need an attorney to handle this issue.
Answered on Apr 30th, 2013 at 12:13 PM