Will my husband be able to take everything from me? 34 Answers as of June 09, 2013

My husband's name is on all our accounts and everything we own together including the house. If we get a divorce, will I be left with nothing?

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Law Office of Karen A. Clark, L.L.C.
Law Office of Karen A. Clark, L.L.C. | Karen A. Clark
Washington is a community property state. Therefore, title alone does not determine the spouse's right to the property. Property division is based on a variety of factors including any prenuptial or post-nuptial agreements, community property agreements, the time and circumstances under which the property was acquired, etc.
Answer Applies to: Washington
Replied: 9/2/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
No. All marital property will be divided fairly by a judge if you and your husband cannot agree to what is fair. Generally, everything you or your husband now own (no matter whose name it is in) is presumed to be marital until it is proven to be separate. It will separate only if it was owned at the time of the marriage or if acquired during the marriage by inheritance or gift. Gifts between spouses normally do not become separate property.
Answer Applies to: Colorado
Replied: 8/24/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
No. The court will make a fair and equitable division of your assets and liabilities.
Answer Applies to: Washington
Replied: 8/24/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
Wisconsin divorce law is 50/50 in property division, regardless of the name on the assets.
Answer Applies to: Wisconsin
Replied: 8/23/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
No, the court will look at many factors including the length of the marriage, the contribution of each party, whether each party worked during the marriage, etc.
Answer Applies to: Illinois
Replied: 8/22/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It depends on the nature of the property/accounts. Property is either community or separate and the title on the account/property has very little to do with the character. If it is separate property, you may find yourself with little or nothing but if it is community, then you can get half.
    Answer Applies to: Texas
    Replied: 8/22/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    No. Ca is a community property state and as such, property is equally divided upon dissolution of marriage.
    Answer Applies to: California
    Replied: 8/22/2011
    The Law offices of Cheryl L. Sommers
    The Law offices of Cheryl L. Sommers | Cheryl L. Sommers
    California is a community property state which means that everything that the two of you earned and accumulated together while you were married is owned by the community and each spouse owns 50% of the community. Assuming that your house was purchased together and your bank accounts are community property funds, then you have a 50% interest in both. When a couple get a divorce, the assets and debts are divided up evenly. Sometimes there is an offset for spousal and child support so more information would be needed to give you an answer. I would suggest contacting an attorney to discuss your concerns. Sincerely Yours, Cheryl L. Sommers, Esq.

    Answer Applies to: California
    Replied: 8/22/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    You will not be left with nothing. Florida law deems marital assets and debts to be assets and debts accrued during the course of the marriage, regardless of in whose name the asset or debt appears. If everything is in his name, it may be wise to get copies of any statements you can get your hands on so you know what you have. Before filing for divorce, I suggest you consult an experienced Family Law attorney to discuss your case in further detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 8/21/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The general rule is that all assets acquired during the marriage are community property. So, he would still have to divide all of the assets with you. There are exceptions to the rule but for the most part you are still entitled to half of the assets.
    Answer Applies to: California
    Replied: 8/21/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    Not likely. The fact that your husband has the accounts in his name is not controlling. What is the legal issue is what is the nature of the property. If the property is community property you will be entitled to half of it. You need to immediately confer with a family law firm who can help you.
    Answer Applies to: California
    Replied: 8/21/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You are entitled to one-half of all community property, regardless of who's name it is in.
    Answer Applies to: California
    Replied: 8/21/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    If all of the property was acquired during the marriage, it does not matter in whose name it is. It would still be considered marital property and thus subject to equitable distribution.
    Answer Applies to: Florida
    Replied: 8/21/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    Despite your husband putting his name on everything they are still marital assets unless he can show the source of funds came from sources before marriage or from non-marital assets such as inheritance or personal injury settlements. You will want to make copies of statemenst, get account numbers, and inventory the assets you have acquired since marriage.
    Answer Applies to: Arkansas
    Replied: 8/21/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    Nebraska is a marital property state. All property and debts acquired during the marriage will be split equally regardless of who's name is on it.
    Answer Applies to: Nebraska
    Replied: 8/21/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washignton title does not determine who gets what.If you want a divorce, you should file and get temporary orders freezing everything until it is divided fairly and equitably by the court.To learn how a court decides how to divide your property and debts, regardless of who's name the asset is in.
    Answer Applies to: Washington
    Replied: 8/21/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    It depends on the lenght of the marriage and the contributions by each of the parties.
    Answer Applies to: Alabama
    Replied: 8/21/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    No. It doesn't matter whose name things are in, rather when they were acquired. Anything that was acquired during the marriage is potentially a marital asset subject to division. However, I would strongly suggest speaking with an experienced family law attorney prior to agreeing to any division or signing anything, in order to adequately and properly protect your rights and obtain what you are entitled to.
    Answer Applies to: Florida
    Replied: 8/21/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Usually, all assets acquired during your marriage will be divided equally.
    Answer Applies to: Oregon
    Replied: 8/21/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    Assuming you own everything jointly - the court will likely come to an equitable split of the assets where you each walk away with close to half of everything (depending on each of your income levels and other factors). For any assets that are not owned jointly - if they were acquired during the marriage, the court will still likely consider it marital property and subject to being split or factored into a final judgment. Assets owned separately and acquired prior to the marriage would likely not be subject to being split or factored into a final judgment.
    Answer Applies to: Illinois
    Replied: 8/20/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    No.
    Answer Applies to: Connecticut
    Replied: 6/9/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    With a couple of exceptions, anything that was acquired during the marriage is marital property and subject to equitable division, no matter whose name is on the title. You need to consult with a family law attorney about the specifics of Your case in order to get a more detailed answer.
    Answer Applies to: Georgia
    Replied: 8/21/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    No, if you get divorced, you will not be left with nothing. Not if you have a decent lawyer fighting for you. You need to protect yourself, and get some guidance. You are probably pretty upset and worried.
    Answer Applies to: New Jersey
    Replied: 8/20/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    You should get something out of the divorce. The statute says that the court is to make a fair and equitable division of all of the property. There are a number of factors that the court is supposed to consider in reaching that division. If the court is going to divide the property, it first has to classify it. All of the property is going to be classified as your separate property, her separate property, or community property. Which of these classifications a particular piece of property falls into will depend on how and when the property was obtained. In most cases, property obtained during the marriage will be community property. Once the property is classified, how it gets divided will depend on a number of factors. Some of the factors that the court may consider are: the duration of the marriage, the ages of the parties, the health of the parties, the educational background of the parties, the employment history of the parties, and each party's future prospects. The court then has to come up with what the court believes is a fair and equitable division of all of the property using these and other factors. Now, if there is enough community property so that the court can come up with a fair division using just the community property, the court will generally do that. However, if there is not enough community property for the court to reach what it believes is a fair division, then, it can invade separate property. So, the mere fact that everything is in the husband's name doesn't mean a lot. The court may still order significant property to you.
    Answer Applies to: Washington
    Replied: 8/20/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Whatever was acquired during the marriage, except for inheritance and gifts from third parties, is part of the marital estate, no matter whose name is on the title or account. You should not be left with nothing.
    Answer Applies to: New Jersey
    Replied: 8/20/2011
    Theiler & Mourtos Attorneys at Law
    Theiler & Mourtos Attorneys at Law | Devan J. Theiler, Esq.
    While it is impossible to predict exactly what you will or won't receive in your divorce without knowing many many more details (how long you have been married, both of your income and employment histories, all of the property, etc.), what you should know is that the "title" owner (ie, whose name is on the accounts, deeds, mortgages, etc.) does not in any way affect what you are entitled to in a divorce. For example, except for unusual circumstances, you will likely be entitled to one half of the equity in your home, regardless of whether he owns it, you own it, or it's jointly owed. I highly recommend that you discuss the details of your situation with a competent family law attorney in your area.
    Answer Applies to: New Jersey
    Replied: 8/20/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Although it is unlikely you would be left with nothing, it will really depend on the facts of your particular case and whether you are represented by an attorney. You will need to speak to a divorce attorney in much greater detail to get a better idea of how your assets will be divided.
    Answer Applies to: Massachusetts
    Replied: 8/20/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    No! It does not matter who is on the account. Generally as long as the property was acquired during the marriage it belongs to both.
    Answer Applies to: Florida
    Replied: 8/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In a divorce, property is equitably divided. A court can change titles. But see a lawyer before he hides or spends assets.
    Answer Applies to: Georgia
    Replied: 8/20/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You are entitled to 1/2 of any earnings and property acquired with earnings during the course of the marriage. The biggest concern here is if your husband is spending or hiding these assets. You should meet with a skilled family law as soon as you can to assess to best way to protect your rights to these assets.
    Answer Applies to: California
    Replied: 8/20/2011
    Law Office of Jennifer L. Marshall, LLC.
    Law Office of Jennifer L. Marshall, LLC. | Jennifer L. Marshall, Esq.
    With the right attorney you will not be left with nothing. The biggest part of divorce is equitable distribution which is the separation and distribution of marital assets. You may also be entitled to alimony depending on the length of the marriage and income.
    Answer Applies to: New Jersey
    Replied: 8/20/2011
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