If I get a divorce, who gets to keep the house? 21 Answers as of July 03, 2013

Who gets the house if my husband and I file for a divorce even if my name is not on the house we have a 2yr old son. Im married but our house is in my husbands name. Who would have to leave?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The court will make a fair and equitable division of your assets and liabilities.
Answer Applies to: Washington
Replied: 8/24/2011
Bagwell Holt Smith Jones & Crowson, P.A.
Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
Who leaves the house is an often a difficult and emotional decision. The fact that the house was never titled in your name may have some bearing on its value when it comes to property distribution. Contact an attorney.
Answer Applies to: North Carolina
Replied: 8/24/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
The division of property including the house depends on many factors.
Answer Applies to: Washington
Replied: 6/26/2013
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
There is no easy answer to that. If the house was acquired during the marriage, then it is a marital asset subject to equitable distribution. However, if it wasn't and your name is not on it, then it may not be. However, the fact that you have a child, could have some impact on whether the house is awarded to you. But there are multiple other factors that would need to be known. You should consult with an attorney as soon as possible in order to discuss your potential rights and options.
Answer Applies to: Florida
Replied: 8/23/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
There is not enough information here to make even a guess and that is all any attorney could do. There are simply too many variables. The house is in his name but is it separate or community property? If it is separate (he bought it prior to marriage, he inherited it, paid for it with money he had prior to marriage or that he inherited, etc) then it is his and you will end up leaving. If however, it is your separate property under one of these standards, he has to leave even if his name is on the deed. If it is community property, is it secured by a VA loan? If so, the veteran is more likely to get the house unless the non-vet can refinance and return the VA certificate to the veteran very quickly, but that is not the end of the analysis. Next is the question as to who can pay for the house, how much equity is in the house, how much is owed and the other property - for example, if one party has a 401K that has a substantial amount of money in it, he or she may be willing to trade the equity in the house for the 401K. I have even had cases where the person who got primary custody got the house and the other parent paid the mortgage instead of child support. Bottom line, there is a lot of flexibility in determining who gets what. You and your spouse have a lot of say, and a lot of lattitude. If you do not agree, and both want the house, there are the matters described above, which is not an exhaustive list for the court to consider.
Answer Applies to: Texas
Replied: 8/23/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    The name on the deed does not matter in WI given marital property law. You will both have to negotiate this issue, but it will depend on many things, such as who can afford to keep it, if it was owned a long time before marriage or not, etc.
    Answer Applies to: Wisconsin
    Replied: 8/23/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you hire a divorce attorney and discuss all your rights and options, including your right to an equitable property division. Good luck!
    Answer Applies to: Georgia
    Replied: 8/23/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    If the husband will not leave voluntarily then the Court would have to Order him to leave. The house may be placed on the market and sold since you have not been married a long time.
    Answer Applies to: Alabama
    Replied: 8/23/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    It doesn't matter whose name the house is in. If the house was obtained during the course of the marriage, you have just as much a right to it as your spouse. In rare circumstances courts have kept a spouse with children in a house that was non-marital. There are more practical considerations as well. Even with child support and possible alimony, can you afford to stay in the house? Can you refinance the house in your own name? These are only some of the factors a court will consider. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/23/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    No one would have to leave at this time. You need more facts to provide a more accurate answer.
    Answer Applies to: California
    Replied: 8/23/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The equity (if any) would be the key element determining how to divide the house. If you have community equity accumulating during the marriage, then a sale or buy out of one persons share would be the typical way to resolve the division of this asset.
    Answer Applies to: California
    Replied: 8/22/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Impossible to answer way too fact specific. Usually it is the one that can afford it and then they pay the other their half the equity.
    Answer Applies to: Wisconsin
    Replied: 8/22/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    There is no requirement that either party leave until the property is divided up by the courts or by mutual agreement. If the home was purchased per-marriage by your husband, it is his separate property although you might be entitled to some money from it.
    Answer Applies to: California
    Replied: 8/22/2011
    Law Offices of Bradley Hochberg | Bradley Drew Hochberg
    You have not provided enough info to make an answer. there are a lot of factors that could be involved. Such as did he make payments on the mortgage using money earned at work. When was the house purchased. was a quit claim deed signed etc.
    Answer Applies to: California
    Replied: 7/3/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    There is no simple answer to your question. If you and your husband cannot agree, a judge will have to decide after consideration of the relevant facts and financial information. That includes knowing how much equity value in the house there is and what the details of any mortgage loan obligation are. If the house was acquired during the marriage, the fact that only your husband is listed on the deed title is irrelevant to what a judge could do. As a rule, however, it is unlikely you would be awarded the house if you can't afford to pay the mortgage or refinance the loan solely in your name.
    Answer Applies to: Colorado
    Replied: 8/22/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    The equity in the house is subject to equitable division, regardless of whose name is on the title. Whether the house can be kept and by whom or sold is another issue.
    Answer Applies to: Connecticut
    Replied: 8/22/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    That's up to the judge unless you agree. You have a case where you absolutely have to retain a lawyer.
    Answer Applies to: Georgia
    Replied: 8/22/2011
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    Neither party must leave until a court order has been issued. Title is not controlling - when and how the property was obtain are what determine the characterization of the property.
    Answer Applies to: California
    Replied: 8/22/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If both of you cannot agree to this, the court has to decide who gets the home.
    Answer Applies to: California
    Replied: 8/22/2011
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    Whomever would want the house while the divorce is pending should file a Motion for Exclusive possession of the residence. Most of the time the child is allowed to stay in the home as it is in their best interest. As far as who gets the home when the divorce is completed, this can be negotiated. There are a lot of items missing from the inquiry, such as how long the marriage is, when the home was purchased and what kind of custodial arrangements, if any, have been made.
    Answer Applies to: Nevada
    Replied: 8/22/2011
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