Do I have any rights to a house that I bought with my spouse? 22 Answers as of July 03, 2013

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.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Yes. The Court will make a fair and equitable division of all property acquired during the marriage.
Answer Applies to: Washington
Replied: 8/5/2011
Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
Did you pay for the home? Mortgage payments? Repairs?
Answer Applies to: Rhode Island
Replied: 7/3/2013
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
DId you pay for things with checks? Credit cards? If so, you have proof of those portions of the investment. You really need to sit down with an attorney that will take the time and review all the informaiton you might have. That way, a clearer picture is available and a better opinion might be forthcoming.
Answer Applies to: Connecticut
Replied: 8/1/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
You would only have a right to any equity or assets acquired during the marriage. Any assets that predate the marriage would be presumed to be owned by the person on the title absent some agreement to the contrary
Answer Applies to: Minnesota
Replied: 8/1/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | 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.
Answer Applies to: Alabama
Replied: 7/31/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    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.
    Answer Applies to: Wisconsin
    Replied: 7/29/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    You need to consult an attorney regarding a Marvin claim.
    Answer Applies to: California
    Replied: 7/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Since Georgia has equitable distribution, you might. Get a good lawyer to represent you.
    Answer Applies to: Georgia
    Replied: 7/29/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Maybe; you seem to have both marital property and cohabitant rights issues, which are different but often overlapping.
    Answer Applies to: Nevada
    Replied: 7/29/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia 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.
    Answer Applies to: California
    Replied: 7/29/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    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.
    Answer Applies to: Washington
    Replied: 7/29/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    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.
    Answer Applies to: North Carolina
    Replied: 7/29/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    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.
    Answer Applies to: Colorado
    Replied: 7/29/2011
    Linda C. Garrett Law
    Linda C. Garrett Law | Linda Garrett
    Answer: This is a very sticky situation. There is no "black" or "white" answer. The ultimate outcome will depend on the specific facts of your case. For instance, why was your name taken off, whose idea was it to take your name off, did you put any down towards the down payment, did your husband make any representations about the house, etc., etc. I recommend you speak with an attorney as your situation is heavily dependent on the facts of your unique situation. Good luck.
    Answer Applies to: California
    Replied: 7/29/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    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.
    Answer Applies to: Washington
    Replied: 7/29/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    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.
    Answer Applies to: Washington
    Replied: 7/29/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    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.
    Answer Applies to: Ohio
    Replied: 7/29/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    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.
    Answer Applies to: Oregon
    Replied: 7/29/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Yes, I believe that a judge would award you one of the value of the house less the mortgage.
    Answer Applies to: Tennessee
    Replied: 7/28/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    I am not sure from your question if you are currently married. If so, you would be entitled to of the increase in value of the home during the duration of the marriage minus any mortgage obligation. Based on these facts, you may be able to convince a judge to increase your interest, but you would be well advised to discuss with an attorney who can get more facts.
    Answer Applies to: Illinois
    Replied: 7/29/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are divorce lawyers in Augusta, Georgia. We recommend you retain a divorce attorney as soon as possible concerning your rights and options, including whether you can show an equitable interest in the home. Good luck!
    Answer Applies to: Georgia
    Replied: 7/29/2011
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney