If I get a divorce, and my name is not on the deed does it have a bearing on who gets the house? 12 Answers as of May 14, 2013

We have been together since we bought the house and I have paid for it since the beginning but the mortgage and deed are only in his name. He has been a stay at home dad for the last 5 years while I have been supporting a family of 6. Even before he became a stay at home dad he didn't contribute much as far as bills go. We have been together for 15 years and bought the house 9 1/2 years ago and were married 7 1/2 years ago.

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Derek L. Hall, PLLC | Derek L. Hall
Mississippi is an Equitable Distribution state and if you utilized the property as a marital residence during the course of the marriage and you have made significant contributions toward the house, it will not matter in a divorce if your name is on the deed or not.
Answer Applies to: Mississippi
Replied: 5/14/2013
Law Office of Brent R. Chipman
Law Office of Brent R. Chipman | Brent R. Chipman
Title to real property does not prevent the court from awarding you some equity in the home since it was acquired during your relationship. Your argument is strengthened by the fact that you have contributed to the payment of the mortgage and otherwise supported the family.
Answer Applies to: Utah
Replied: 5/10/2013
John Russo | John Russo
Based on your dates you will be entitled to 1/2 of the appreciated value during the term of the marriage only. But check your states statute on this, but that is the basic rule, the house was premarital, you may have been together but you were not married.
Answer Applies to: Rhode Island
Replied: 5/10/2013
Kunin &Carman | Ishi Kunin
Nevada is a community property state. If the house was bought by dad prior to the marriage, it is presumed to be his sole and separate property. But any equity since the date of marriage is community. He would owe you half the value, as you would him if you got the house. And if you can prove that you paid a part of the down payment, you might be able to get that back as well.
Answer Applies to: Nevada
Replied: 5/9/2013
Law Offices of Frances Headley | Frances Headley
Title is not the determining factor for the court in ruling whether a property is community or not. Your payments make the property community and divisible upon dissolution. You should consult a family law attorney to review all of the facts and advise you.
Answer Applies to: California
Replied: 5/9/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You'll need an attorney, but should be aware that the divorce courts generally do not pay a great deal of attention to whether property was titled in the husband or wife in the divorce process under the circumstances you describe.
    Answer Applies to: Michigan
    Replied: 5/9/2013
    Peyton and Associates | Barbara Peyton
    You are entitled to one-half the equity in the house less any contributions your spouse may have made from inheritance or gifted money he received. Title does not control whether the house is community property
    Answer Applies to: California
    Replied: 5/9/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    There is a good chance that this will be community property, especially if it was put in his name to assist in getting the loan. You will need to talk with your attorney about the details.
    Answer Applies to: Idaho
    Replied: 5/9/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    You will need an attorney. You at a minimum have a community property interest in the house. But it gets much more complicated than that. Get a good family law atty now.
    Answer Applies to: California
    Replied: 5/9/2013
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Get an attorney.
    Answer Applies to: Georgia
    Replied: 5/9/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Since the house was purchased prior to your marriage and is titled only in your husband's name, it will likely be considered his separate property. However, there may be some theories of trust under which you might be able to assert a claim to the house given your specific situation. Consult with a family law attorney to describe the details of your case and get advice as to whether you can assert a claim to the house through a trust theory.
    Answer Applies to: Georgia
    Replied: 5/9/2013
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    No. Who's name is on the deed is not determinative of the property division. If the house was purchased during the marriage it is a marital asset.
    Answer Applies to: Massachusetts
    Replied: 5/9/2013
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