Will I get half of the house if I file for divorce even if it is under my husband’s name? 32 Answers as of May 22, 2013

The house I am living in for 23 year (yes, we are also married 23years) is in my husband’s name. Can I get him out while we are going through divorce process? I do not want the house but do want half to relocate. I do not have an income that will be able to pay rent so where do I go if I cannot live with him.

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ADELMAN & SEIDE, LLP
ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
If he was paying the mortgage with his community income, the community (you own half) has an owenership interest in the house in the proportion the principle balance of the mortgage was paid down during marriage.
Answer Applies to: California
Replied: 9/12/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
In a long term marriage, assuming both of you made contributions toward the home, the home will probably be considered a marital asset. Whether you would be entitled to half would depend on many factors. However, if you have been a stay-at-home mom during the marriage and now are having a hard time finding work, you may also be entitled to temporary and/or permanent spousal support. You should speak with a lawyer experienced in family law who could better advise you.
Answer Applies to: Michigan
Replied: 9/11/2012
The Law Offices of Dave Hawkins
The Law Offices of Dave Hawkins | Dave Hawkins
The court is required to divided upon marital assets in a fair, just and equitable manner. YOU have a community property interest in the house, as to what that interest is, you will have to hire an expert to testify at trial if u cannot come to an agreement.
Answer Applies to: Washington
Replied: 9/11/2012
Thomas P. Carnes, Attorney & Mediator | Thomas P. Carnes
There are missing pieces here that are critical to an answer. As to during the divorce, the court can award you exclusive use of the home no matter holds title. Who get's it in the divorce depends on whether he acquired it before marriage, in which case it is his separate property (although you would have a potential reimbursement claim), or whether it was acquired after marriage, in which case it is community property to be divided in the divorce.
Answer Applies to: Texas
Replied: 9/10/2012
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Any assets and debts that were acquired during the marriage are half yours, regardless of whose name they are in. That would include the house, his 401k, your 401k, and any other assets. You really should talk with an attorney before making any decisions or signing anything.
Answer Applies to: Florida
Replied: 9/10/2012
    Steven Alpers | Steven Alpers
    I would need to know why the house is only in his name before I can answer you.
    Answer Applies to: California
    Replied: 9/5/2012
    John Russo | John Russo
    It may be difficult if there is no domestic violence issue, why should he be removed with all things being equal. You state you do not want the house , but do not want to relocate well you will have to at some point so you better start thinking along those lines soon. The issue of the house is not clear, you state it is under his name, do you mean the deed, and is there a mortgage, and if there is what names are on that. Also, did he own the house prior to the marriage or was it purchased during the marriage. These are all important questions when trying to determine what your interest will be. If the house was owned by him prior to the marriage, RI as well as many other jurisdictions follow the logic that only the appreciated value during the term of the marriage is included as a marital asset, but if he took out a mortgage during the marriage or had one that you contributed during the marriage it could very well change the color of the asset. If the house was purchased after you were married it a martial asset period, does not matter who's name it is in. This is not easy to navigate on your own you should hire a good divorce lawyer, not just a lawyer.
    Answer Applies to: Rhode Island
    Replied: 9/5/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can stay in the home while the case is pending. If the house was bought during the marriage, you are able to get your interest in the home even if your name is not on the loan or the title.
    Answer Applies to: California
    Replied: 9/5/2012
    Ross Scaccia Attorney at Law | Ross Scaccia
    Yes, go to court - you are indeed entitled to half the house since it was acquired during the marriage. And, if he is giving your a hard time, you can move the court to have him from the house.
    Answer Applies to: Louisiana
    Replied: 9/5/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    More details are needed but I suspect that due to the length of marriage,you have a community property interest in the home. Please retain the services of an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 9/5/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You have a lot of legal issues to deal with in this divorce. To answer your question, yes, you should probably get half of the house.
    Answer Applies to: New Jersey
    Replied: 9/5/2012
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    If the house was purchased during your marriage you would be entitled to half of it was purchased and paid for with community property income or other assets regardless of how the property is titled. You can file your petition and ask for exclusive use and possession of the home pending a hearing so you could remain in the home until the court makes its order. You should consult with a family law attorney as your marriage is considered a marriage of long duration and there are certain benefits that come with that.
    Answer Applies to: California
    Replied: 9/5/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Great question. You might consider making your husband an offer to settle the house issue. Get the house appraised, take the appraisal value and compare it with the mortgage outstanding amount. If the net number is negative, the house has no value. If the number is positive, ask your husband to give you of the positive number, in one lump sum or payout over a period of time. Good luck.
    Answer Applies to: Florida
    Replied: 9/5/2012
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    You can request to partition it if you got it during divorce. In that case, you would be entitled to half.
    Answer Applies to: Wisconsin
    Replied: 9/5/2012
    Peyton and Associates | Barbara Peyton
    If the house was paid for with income earned during marriage, it is community property no matter whose name the house is in. You are entitled to one-half its net value. I would suggest you talk to an attorney even if you can't afford one. There are statutes which provide that the other side can pay some or all of your attorney fees in order to make sure both sides are fairly protected.
    Answer Applies to: California
    Replied: 9/5/2012
    Danville Law Group | Scott Jordan
    When was the house purchased? If he owned the property before you were married, the house would be his separate property. However, if he used community assets (i.e. his income) to pay the mortgage, if any, or for upkeep of the home, you would be entitled to 1/2 of the monies used to pay for the house. As for making him leave, it would be difficult to displace him since the house belongs to him and he has a legal right to remain in his property. You should consider hiring an attorney in your area to make sure your rights are protected.
    Answer Applies to: California
    Replied: 9/5/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You have not provided enough information in your question to enable me to evaluate your share of the house. You cannot get your husband out of the house during the divorce process unless he resorts to threats or violence against you sufficient for the Court to issue Domestic Violence Restraining Orders against you. If he is the wage earner and you are not, you would likely qualify for Spousal Support and Attorney's Fee orders. You would best retain an experienced Family Law Attorney to advise and represent you in your divorce.
    Answer Applies to: California
    Replied: 9/5/2012
    Law Offices of Frances Headley | Frances Headley
    As long as the house was paid for with community funds, ie his salary while you were married then the house is community and should be divided during the dissolution. You should consult a family law attorney about getting temporary use of the house during the proceeding.
    Answer Applies to: California
    Replied: 9/5/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes.
    Answer Applies to: Arkansas
    Replied: 5/22/2013
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If in CA, then the equity in the home is characterized as community property if the house was bought during marriage and the mortgage principle, and improvements were paid with community funds (either party's income). Community equity is split 50/50. As for paying the bills, you may be entitled to temporary or long term spousal support. Best to call a local family law lawyer for more help.
    Answer Applies to: California
    Replied: 9/5/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Maybe, maybe not. It appears that the house, or at least a significant part of its net value, is marital property regardless of the fact that it deed only to your husband. All marital property must be fairly divided, but that does not mean each and every asset is divided - the final result requires looking at the overall, big picture. If you and your husband cannot agree after discussing the issues with an attorney, the judge will have to decide; there are only three possibilities: you keep the house and buy him out; he keeps the house and buys you out; the house is sold and the proceeds split.
    Answer Applies to: Colorado
    Replied: 9/5/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    You won't get the house but you will get a percentage of the value of the house since presumably community property, income, was used to pay for the house. You will also be entitled to spousal support.
    Answer Applies to: Nevada
    Replied: 9/5/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The issue is how was the house paid for. If it was owned outright prior to marriage, then it is your husband's separate property and you likely have no interest in it. If he was making payments on it during marriage, then the community acquires an interest as part of the principal reduction payments and you are entitled to 50% of the community interest. You may also be eligible for spousal support.
    Answer Applies to: California
    Replied: 9/5/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It does not matter how assets are titled. What matters is whether equity was accrued during the marriage. Any equity accrued during the marriage is divisible. A court can hear Motions for temporary relief during a divorce and determine who will reside in the home and who will pay what bills while the divorce is pending.
    Answer Applies to: Minnesota
    Replied: 9/5/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If the house was acquired during the marriage it is marital property subject to equitable division, no matter whose name is on it.
    Answer Applies to: Georgia
    Replied: 9/5/2012
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    Despite a home being in the name of one party in the marriage, if funds to maintain the home were comingled during the marriage it will be considered marital property and subject to distribution in a divorce. If the home is the only home you lived in for the life of your marriage it certainly can be considered the marital home and that you contributed to its maintenance and upkeep over the years. Also, because of the length of the marriage you could be entitled to alimony.
    Answer Applies to: Arkansas
    Replied: 9/5/2012
    Mary W Craig P.C. | Mary W Craig
    If the house was purchased after your marriage, and you live in a community property state, then the house is community property even if only his name is on the deed, unless he's the only one one the mortgage, the mortgage company agreed to look only to him, and the deed specifically says the house is his separate property. If you have lived there 23 years, have contributed to the marital estate, and comingled money has paid the mortgage payments and paid for improvements, then a court will most likely find that the house is community property and you are entitled to your share. If you aren't interested in the house, then agree to take money for your interest so that you can buy a new place. If he doesn't have money to pay you, then ask the court to order the house sold, and your share paid to you out of the proceeds of the sale.
    Answer Applies to: Alabama
    Replied: 9/5/2012
    Victor Varga | Victor Varga
    Yes, it is marital property so you would be entitled to your marital share. You can ask the court for use and possession for up to 3 years, and if he can afford it, ask that he contribute towards the mortgage. If not, the court can force a sale.
    Answer Applies to: Maryland
    Replied: 9/5/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    This is a good example of the issues facing women as they consider divorce. You should probably squirrel away three months cash for living. The court can be asked to order the husband to pay temporary spousal and child support, but that will not come immediately. Is there a family member you can live with? Or a friend who knows your circumstances and will split or charge decreased rent. You will also have to determine how to pay your lawyer's retainer. Some lawyers used to working with women in your situation automatically apply to the court to have the husband pay their bill. Sometimes this is granted, sometimes not. You need to confer with a family law lawyer soon. If your divorce planning has gone this far, it is likely so has his.
    Answer Applies to: Ohio
    Replied: 9/5/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    There is a very high probability value of the marital home will be a accounted for in your favor. Whether or not he could be removed from the home during the pendency is questionable. In divorce situation such as yours the divorce court is not limited or controlled by which of the parties holds title.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You need to hire an attorney. In Florida the house is a marital asset subject to equitable distribution, and you may even get permanent periodic alimony too, and half his pension.
    Answer Applies to: Florida
    Replied: 9/5/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    That depends on whether the house is marital property or not - when was it purchased and how.
    Answer Applies to: New York
    Replied: 9/5/2012
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