Am I entitled to half of our home that my husband and I purchased during our marriage? 18 Answers as of April 26, 2013

My husband and I want to get a divorce and he wants to keep the house we bought during our marriage. Although the loan is solely in his name, the deed to the home has both our names. He claims I don't have rights to it since I only worked 1 year while we owned the house and I was in school, therefore, he was the one that paid for the mortgage during the entire time we owned it. I suggested we sell and split the profits. He does not want to sell and tells me that I really don't have any rights to this home. I want to sell it since I will be relocating with both of our children and could help with moving expenses. What are my rights?

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Law Offices of Frances Headley | Frances Headley
The home purchased during marriage is community property and you are entitled to one half of the equity in the property. You should consult a family law attorney to assist you.
Answer Applies to: California
Replied: 4/26/2013
Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
If the house was bought during marriage you may be entitled to half the equity in the home. He can buy you out from some other source of funds or you might have to force the sale of the house to get your money. The information you are getting from your husband is wrong.
Answer Applies to: California
Replied: 4/26/2013
WARM SPRINGS LAW GROUP | Elliott D. Yug
If the house is titled in both names then it is community property and you are entitled to one half the value under Nevada law.
Answer Applies to: Nevada
Replied: 4/26/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
In Idaho, property obtained during marriage is, usually, community property. That would apply here. You are entitled to one-half the value of the home, value minus mortgage. Also, any other property that you two of gotten, such as retirement accounts, cars, boats, etc. need to be divided evenly.
Answer Applies to: Idaho
Replied: 4/26/2013
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona property acquired during a marriage, with certain exceptions, is community property. This means both you and your husband have an equal, undivided one-half interest in the property. Your case becomes easier to argue if both names are on the deed to the house. Generally speaking there would be two ways to handle whatever equity there may be in the house. One is to sell the house and divide the proceeds. The other would be to agree on the amount of equity, and then for your husband to pay you your one-half of the equity in exchange for a quit-claim deed from you. Another possible resolution would be an exchange of assets, for example, if there is $30,000.00 equity in the house, and a $30,000.00 savings account the two of you could agree that he gets the house and you get the savings account. You should consult with an experienced family law attorney to discuss your issues.
Answer Applies to: Arizona
Replied: 4/26/2013
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    You are entitled to half of your home; Wisconsin is a marital property state, meaning each spouse is entitled to half of EVERYTHING, including the house, bank accounts, etc. purchased during marriage (that was not by devise or inheritance).
    Answer Applies to: Wisconsin
    Replied: 4/26/2013
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You are entitled to half the value of the home.
    Answer Applies to: Oregon
    Replied: 4/26/2013
    Shur Law Co., LPA
    Shur Law Co., LPA | Tonya VanBenschoten
    At least in Ohio, more than likely, yes you would be entitled to one half the increase in value during the term of the marriage. You really need to consult with a family law attorney in your area to ensure that you are getting a fair deal. A divorce attorney will also help make sure that the agreement is drafted in a way that will fully protect your interests.
    Answer Applies to: Ohio
    Replied: 4/26/2013
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Neither of you are necessarily correct here. The house, if purchased during marriage with earnings received during the marriage, is community property, regardless of who was working or not. That said, he doesn't necessarily have to sell the home. He can buy out your interest in the property.
    Answer Applies to: California
    Replied: 4/25/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You clearly need counselling but the answer to your primary question is you have rights in the house, regardless of the fact mortgage is in his name and you did not work outside of the home for a period. Get an attorney, call if you are in Michigan.
    Answer Applies to: Michigan
    Replied: 4/25/2013
    Kunin &Carman | Ishi Kunin
    He is absolutely wrong! His income is 1/2 yours and vice versa. Nevada is a community property state. If the house has equity you are entitled to 1/2. If he has a retirement, you are entitled to 1/2. Etc. and re the children, if you are relocating out of the state, you need his written permission or a court order.
    Answer Applies to: Nevada
    Replied: 4/25/2013
    Danville Law Group | Scott Jordan
    You have a community property interest in the property. This means that you are entitled to 1/2 of the equity in the home, regardless of your work history. Don't let your soon to be ex bully you. If his attitude is as you say, you may be best served by hiring an attorney. You may even be entitled to have him pay for your attorney.
    Answer Applies to: California
    Replied: 4/26/2013
    John Russo | John Russo
    Depends on your jurisdiction, but most states are equitable distribution jurisdictions, so here is a little surprise for, Oliver Wendell Holmes, the real estate is a marital asset subject to equitable distribution and will be divided at least 50/50 on a net equity bases. You purchased it during the marriage correct? End of story, it does not matter who paid, his money was 1/2 yours anyway don't let him B/S you and bully you around, there are only two (2) options with the house. First, he buys you out at the current appraised net value, or you buy him out under the same format, or second the house goes on the market for sale forthwith and the net proceeds are divided 50/50 thats it. When he says things like that to you just smile and say yes dear you are correct I don't know what I am going to do you are soooo smart. You should really retain a good divorce lawyer though, and don't say you can't afford to, you may not be able to afford not to, yes it will cost you but you will benefit in the long run, ask friends and family for a little help, also if he has accounts with money your attorney can ask that the court advance fees against equitable distribution , for the most part everything you guys have is marital and subject to division, and if you do retain counsel make sure they are a good divorce attorney, someone like (me) only 1/2 joking, but check them out any attorney can do a divorce, but would you really want a real estate or criminal lawyer handling your matter, find someone that spends 75 to 80 percent of their practice in the domestic arena as I do. Good Luck and remember don't let him B/S you.
    Answer Applies to: Rhode Island
    Replied: 4/26/2013
    Boyack Christiansen & Chambers, PLLC | Travis Christiansen
    Utah is an equitable division state not a strict 50/50 state. That being said you are likely entitled to half or close to it.
    Answer Applies to: Utah
    Replied: 4/26/2013
    Kram & Wooster, P.S. | Richard H. Wooster
    You should find an attorney. You have rights to the equity built up in the house, regardless which one of you was working.
    Answer Applies to: Washington
    Replied: 4/26/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    That can't be answered without a bit more information - but the answer is probably yes, you do have an interest in the house. You should consult a local attorney and discuss the situation in detail.
    Answer Applies to: New York
    Replied: 4/26/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    All property and all debts are .marital and she be split. You are entitled to 1/2 the equity.
    Answer Applies to: Wisconsin
    Replied: 4/26/2013
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Based on what you have explained, it would appear you would have an entitlement to half of the house. If you would like to discuss this further, please let me know.
    Answer Applies to: California
    Replied: 4/26/2013
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