What can I do if the house in the divorce is not in my name? How? 18 Answers as of May 12, 2015

My wife and I purchased a home 10 years ago. I gave her $17,000.00 for the home. I never knew the home was not in my name until 2 years ago. By law, do I get half the house?

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Was the house purchased during the marriage? If so, it is presumed to be marital property subject to equitable distribution. If you can prove that you put $17,000 of separate property, you should get that off the top before the proceeds are distributed; if the $17,000 was money earned during the marriage, it will not effect the distribution, keeping in mind that the house is marital property. My approach has always been that unless there is a good reason, all marital assets get divided equally.
Answer Applies to: New York
Replied: 5/12/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Yes by law the house is marital property regardless of whether its in your name or not
Answer Applies to: Michigan
Replied: 5/12/2015
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
This is a very complex question. All of the facts regarding purchasing the property need to be known. What was the intent, the agreement (if any), why was the property only in your wife?s name. You need to discuss these facts with an attorney as one-half the equity in a house is at stake.
Answer Applies to: California
Replied: 5/12/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
A careful analysis of all the surrounding facts of your specific case by an experienced family law attorney is required.
Answer Applies to: California
Replied: 5/12/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
The question will be who put what money into the house and how was the mortgage paid. You may or may not get half (depending on the answers to the initial question) but you will get something.
Answer Applies to: Washington
Replied: 5/11/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Not necessarily. But simply because your name is not on the deed does not mean that you do not get a share.
    Answer Applies to: New York
    Replied: 5/11/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The answer is more complicated than the question. But the general principle is that there is a presumption of a 50/50 division of property (and debt) acquired during the marriage. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/11/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Most probably one half of the equity. Clearly, you should see an attorney with the details and to learn your rights and obligations.
    Answer Applies to: Michigan
    Replied: 5/11/2015
    Walpole Law | Robert J. Walpole
    First, when lay people say such things as "By law, do I get . . ," I look the other way as there are no set dispositions in any legal situation. Yes, if you can show that transfer of money, if you can show that you helped pay expenses of the home during the course of the marriage, the judge should award you a percentage of the value of the home. Good luck.
    Answer Applies to: Oklahoma
    Replied: 5/11/2015
    Ezim Law Firm | Dean Esposito
    If the house was purchased during your marriage, it is presumed by law to be community property regardless whether your name is on it.
    Answer Applies to: Louisiana
    Replied: 5/11/2015
    Diane l. Berger | Diane L. Berger
    If the house was purchased during the marriage it is marital. If the money you gave her was premarital you could possibly get it back off the top.
    Answer Applies to: Nebraska
    Replied: 5/11/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Your situation is confusing. First, if the home was purchased during the marriage, the presumption should be that it is a marital asset. However, you state that you gave her $17,000.00 for the home. The question that is raised is where did the $17,000 come from? Your personal account or from the marital bank account. If from the marital bank account, that would further the presumption that it is a marital asset. If from your personal account, one would have to ask if you and your spouse were keeping your monies and other assets separate from the marital assets. Good luck.
    Answer Applies to: Florida
    Replied: 5/11/2015
    John Russo | John Russo
    In R.I. yes if you purchased it during the marriage it is a marital asset, with very few limited exceptions.
    Answer Applies to: Rhode Island
    Replied: 5/11/2015
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    Yes you will have some interest in the home. You have surely contributed to the mortgage also if there is one. See an attorney right away to check on other equitable distribution.
    Answer Applies to: New York
    Replied: 5/11/2015
    Law Offices of Lauren H. Kane | Lauren H. Kane
    If the house was purchased during the marriage you still have an interest in it. The percentage of hyour itnerst in the house depends upon a lot of factors. You should consult counsel.
    Answer Applies to: Pennsylvania
    Replied: 5/11/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Probably. But, if you don't hire an attorney, it would seem that you don't care.
    Answer Applies to: California
    Replied: 5/11/2015
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    Nebraska is a community property state and thus, it does not matter whose name the home is titled in - if it was purchased during the marriage and paid down with marital monies, it is a marital asset to be divided in your divorce. You should at least consult with a family law attorney who can confidentially discuss the details of your specific situation with you and advise you on your options.
    Answer Applies to: Nebraska
    Replied: 5/11/2015
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