Can a wife get a house after getting a divorce? 20 Answers as of June 11, 2013

If my husband purchased the house and we are going to get a divorce, can I still be entitled to the house?

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
If the home was purchased during the marriage then it is presumed to be community property. In a divorce, each of you will be entitled to of any equity in the home. If you wish to keep the home, you would need to purchase your husband out of his equity in the home. If neither party can afford to buy out the other spouses interest in the property, the court will order that the home be sold and the proceeds divided equally.
Answer Applies to: California
Replied: 4/27/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends. When was the house purchased? If it was purchased prior to the marriage the answer is no. It is his separate property. If it was purchased during the marriage, the answer is maybe. How was it paid for, if paid for with money he can show he had prior to the marriage or with money made by selling an asset he owned prior to marriage, then that part paid for with separate money is his separate property, the balance, if any is community and the amount of community vs. separate will dictate if you stand a chance to get the house. If the house was bought during the marriage with community money then the house is community property and you are entitled to half.
Answer Applies to: Texas
Replied: 4/27/2011
Pisarra and Grist
Pisarra and Grist | David T. Pisarra
It all depends on when and how it was paid for, and what documents you've signed. Also you can read my books, A MAN'S GUIDE TO CHILD CUSTODY and A MAN'S GUIDE TO DIVORCE STRATEGY, available online and as an E-Book on my website.
Answer Applies to: California
Replied: 4/27/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Usually, the division of the house is taken care of in the Settlement Agreement when the parties settle everything. Speak to an experienced attorney about this matter.
Answer Applies to: New York
Replied: 4/27/2011
Naziri Hanassab LLP
Naziri Hanassab LLP | Vahid Naziri
It depends when your Husband purchased the home....if before the Date of Marriage, then it's his Separate Property but you may entitled to a Community Interest. If during the marriage, then it's community property and you have to determine who can afford the payments on the house. If you don't make enough, you may have to either sell the home and split the proceeds or one spouse can buy out the other spouse. Bottomline, depends on many factors.
Answer Applies to: California
Replied: 4/27/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes, it is possible. Whether it will happen or not depends on the overall facts and circumstances involved in the final divorce settlement. If you and your husband can't agree on what to do with the house it will be up to a judge to decide, but more often than not a judge will simply order it to be sold when there is no agreement. In today's market, however, the amount of equity in a home may be negative, so sale might not be a viable option. The key point to remember is that the ideal situation is for you and your husband to find a way to reach an agreement that is beneficial to both of you - there are no absolute rules to decide what is fair in every case.
    Answer Applies to: Colorado
    Replied: 4/27/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    You are entitled to 1/2 of the community property.
    Answer Applies to: California
    Replied: 4/27/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Depends on when husband buys the house and what funds are used for the purchase. E.g., if husband buys the house with community funds before the date of separation, then it is community property, and you thus have rights in such property. If he buys the house after the date of separation with separate funds, then is likely separate property.

    With that said, it is not a good idea to be purchasing large assets during a pending divorce as that can create confusion about ownership rights between the parties. There are also restraining orders preventing a party from using community funds during a divorce for any large purchases other than normal type transactions.
    Answer Applies to: California
    Replied: 4/27/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Yes. However, it depends on when he purchased the house, who is on title, and where the money came from that paid the down payment and any other mortgage payments.
    Answer Applies to: California
    Replied: 4/27/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Depends on the property laws of your state. In Utah, you could have this happen. It would be executed by a him transferring the property to you. We are Arnold & Wadsworth and we provide our clients with representation in the area of family law. Give us a call today for a free consultation.
    Answer Applies to: Utah
    Replied: 4/27/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Under Minnesota law, all assets are presumed marital and divisible in an equitable manner. That does not necessarily mean that a property division is mathematical equal. However, it is generally fairly equal. When there is real estate involved, the court considers many things in determining its disposition. It may be awarded to one party where the other party is awarded property of equal value. It may be sold and proceeds divided. It may be awarded to one party with a pay out to the other party in a lump sum or over time for their share of the equity, Other alternatives also may exist depending on the particular facts of the case.
    Answer Applies to: Minnesota
    Replied: 4/27/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Yes - you can be entitled to an equitable distribution of a portion of the marital assets. Please contact us if you wish to discuss further.
    Answer Applies to: Connecticut
    Replied: 4/27/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You say in your question that your husband bought the house. Did he use his separate property to do so, or are you saying that he used his during marriage earnings. If it is the first scenario, it is his house (though you may have an interest in the property). Under the second scenario, it is community property and you may be able to keep the house, provided you can buy out his interest in the home. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 4/26/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If the house was purchased during the marriage using earnings of you and/or your husband towards its purchase or improvements, you would have a community property interest in the house. You should consult an experienced Family Law Attorney regarding the particulars of the house and its purchase and improvements if you are interested in determining what your community property interest might be, and if you are going through a divorce, you should retain an experienced Family Law Attorney to represent you in the divorce.
    Answer Applies to: California
    Replied: 4/26/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    That is a big issue in a divorce. It has to be evaluated first. When did he buy the house? Where did he get the down payment? How long have you been married?
    Answer Applies to: California
    Replied: 4/26/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    In Alabama, generally, if the home was used as a part of the "marital estate," then it is subject to division. Stay well.
    Answer Applies to: Alabama
    Replied: 4/26/2011
    Attorney Paul Lancia
    Attorney Paul Lancia | Paul Lancia
    Yes.
    Answer Applies to: Massachusetts
    Replied: 6/11/2013
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