My house was acquired during the marriage but the mortgage and deed are in my name only, who gets the house if we decide to divorce? 15 Answers as of June 15, 2013

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The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
This depends on the law of the State you live in. Before you do anything, talk to a divorce lawyer. And do that soon.
Answer Applies to: New Jersey
Replied: 6/15/2013
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
The house is marital property and if you all can not agree, a judge will decide what happen to the house.
Answer Applies to: Georgia
Replied: 6/12/2013
Reade & Associates
Reade & Associates | R. Christopher Reade
A home is community property to the extent purchased with community funds or payments towards the maintenance of the property is made with community property.
Answer Applies to: Nevada
Replied: 6/11/2013
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
In Florida, the house is a marital asset subject to equitable division even though only in one party's name. If you cannot decide who keeps it, it is possible that it would be sold and the proceeds shared equally. You should consult with an attorney.
Answer Applies to: Florida
Replied: 6/11/2013
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
It depends on the length of marriage. B/c it is considered marital property, both spouses may be entitled to compensation. If you would like to discuss your specifics, such as length of marriage, employment situation of the parties, equity in the home, etc., feel free to contact our office for a free 30 minute consultation.
Answer Applies to: Illinois
Replied: 6/11/2013
    Ellis & Abouelsood | John Danelon
    Unless you are a woman who the special married woman's presumption applies to( it only applies to a very limited circumstance for property acquired decades ago) the name on the mortgage and deed will not be evidence that only you own the property. Rather, any property acquired during marriage is presumed to be community property, thus each spouse would own half.
    Answer Applies to: California
    Replied: 6/11/2013
    John Russo | John Russo
    Its marital it was purchased during the marriage.
    Answer Applies to: Rhode Island
    Replied: 6/11/2013
    Kunin &Carman | Ishi Kunin
    Anything bought during the marriage is presumed to be community regardless of whose name is on title or the encumbrance against it.
    Answer Applies to: Nevada
    Replied: 6/11/2013
    Peyton and Associates | Barbara Peyton
    If the house was acquired during the marriage it is community property regardless of how title is held. You are each entitled to one-half the equity in the house valued as of the date of settlement or trial less any contributions to the house from separate property sources such as inherited money.
    Answer Applies to: California
    Replied: 6/11/2013
    Webster & Associates | Anita Webster
    Normally assets acquired during the marriage are community property unless she executed a quick claim deed and even then the court can look behind the reason she executed the quit claim deed. If the mortgage is in your name and if she wanted to keep the house you would want her to refinance the mortgage into her own name so that your credit isn't tied up in a house that she occupies or owns. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the rea.
    Answer Applies to: Nevada
    Replied: 6/11/2013
    Glenn Milgraum PC
    Glenn Milgraum PC | Glenn P. Milgraum
    Mortgage and deed are just some of the factors to be considered by the Court in determining "equitable distribution". One party may still need to buy out the other parties' "equitable interest" in the property. If neither can afford to do so, the house may have to be sold.
    Answer Applies to: New Jersey
    Replied: 6/11/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    It is considered marital property.
    Answer Applies to: Wisconsin
    Replied: 6/11/2013
    Aronoff & Linnell, PLLC | Erik C. Stein
    All property acquired during the marriage, with very specific exceptions, is considered to be marital regardless of title. The court would then equitably divide the marital property between the parties.
    Answer Applies to: Michigan
    Replied: 6/11/2013
    Victor Varga | Victor Varga
    You both have a marital interest in the house, regardless of who signed the mortgage.
    Answer Applies to: Maryland
    Replied: 6/11/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    In Michigan the courts will ignore, for the purposes of marital distribution, the titling of the various properties or personal items accumulated during the marriage.
    Answer Applies to: Michigan
    Replied: 6/11/2013
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