What are my rights to our house if my name is not on the deed? 12 Answers as of April 17, 2013

My husband and I sold our houses to live together before getting married. He put the deposit on our house and we moved in to this new place together. We got married shortly after. Now he has done something unforgivable and we are divorcing. My name was never put on the deed. What are my rights to this house?

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Law Offices of Frances Headley | Frances Headley
If the mortgage was paid with current income then the house is community and you are entitled to a share. You should consult a family law attorney to review all of the facts and advise you.
Answer Applies to: California
Replied: 4/17/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Did you contribute any equity to the house is the most important question. Is there any equity in the house since yourecently bought it?
Answer Applies to: Georgia
Replied: 4/17/2013
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
Your name on the deed is not determinative of how the equity in the house is split in a divorce. Contact a local divorce attorney and discuss the situation in detail.
Answer Applies to: New York
Replied: 4/16/2013
John Russo | John Russo
I just had a women who the something , except she sold her home and then gave him the money to pay off his mortgage, her problem was that it happened 8 years ago, the banks only keep the records for 7, and she could not come up with the money trail, we showed her selling her home, and how much she received, but she did not keep the records of the transaction of giving him the funds and the bank no longer had them either. She received nothing even though the court believed her, as I did, the ex denied it. She would have been entitled to 8 years of appreciation in value only but we could even get that since the market had gone down over the last couple of years
Answer Applies to: Rhode Island
Replied: 4/16/2013
Law Office of Madaen | Bahram Madaen
It doesn't matter whether your name is on the deed or not, when the property is purchased during married, or paid for during the married (only for the % of amount paid), it is presumed community property. So if a dissolution of marriage case is filed, the community property shall be divided equally.
Answer Applies to: California
Replied: 4/16/2013
    Henry Lebensbaum | Henry Lebensbaum
    To the extent that you have a marital interest, that interest is subject to division or allocation between the parties; in this context, the name on the deed is irrelevant
    Answer Applies to: Massachusetts
    Replied: 4/16/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Under Nevada law the house is separate property. You have a financial interest in the house and will have to trace the source of the monies used for the house to determine the community interest in the house.
    Answer Applies to: Nevada
    Replied: 4/16/2013
    The Law Offices of Seth D. Schraier
    The Law Offices of Seth D. Schraier | Seth D. Schraier
    If the house has been used as the marital residence throughout the entire marriage, then you may have a claim to it as part of the divorce. The house would be considered marital property and subject to equitable distribution. You would have to get the house appraised to find out what the value is, and then the two of you would have to decide either on your own or through attorneys, whether to sell the house and divide the proceedings, or have one party buy out the other from their share.
    Answer Applies to: New York
    Replied: 4/16/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    Ownership is presumed to be as titled. However to the extent that the property was paid for with community property and community earnings, the community (and thus both spouses) will have a ownership claim in the residence.
    Answer Applies to: Nevada
    Replied: 4/16/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    They will have to be worked out in the divorce or separate maintenance action. Get an attorney.
    Answer Applies to: Michigan
    Replied: 4/16/2013
    Danville Law Group | Scott Jordan
    You may have a community property right to the equity in the house. It all depends on what happened at the time of purchase and why your name was not placed on the deed. Did you provide for a portion of the down payment on the house? How much? Is there any equity in the house now?
    Answer Applies to: California
    Replied: 4/16/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It should be community property since it was used by the community. Did any of your money go for the down payment or the mortgage? That would help.
    Answer Applies to: Idaho
    Replied: 4/16/2013
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