Start Your Divorce Today - Premium Divorce Online

Topic Options
#758448 - 01/24/13 01:53 PM Home Ownership
julia37 Offline

recently joined

Registered: 01/24/13
Posts: 2
Hello, In the process of a possible divorce. Our home was purchased by my spouse a couple years before we were married. Not paid for, but traditional mortgage. My name was never added to the loan, We married almost 7 years ago. What are my rights in a divorce as to our home? Thank You, Julia

#758449 - 01/25/13 05:49 PM Re: Home Ownership [Re: julia37]
javajunkiee Offline
Carpal \'Tunnel

Registered: 06/02/08
Posts: 3200
Loc: SC
The standard (unless other agreements are reached) is half of the equity that has accrued during the length of the marriage. If it is worth less than is owed you're also entitled to half the loss you would take if it were sold.
Marriage doesn't come with a money-back guarantee.

#758450 - 01/27/13 01:12 PM Re: Home Ownership [Re: javajunkiee]
julia37 Offline

recently joined

Registered: 01/24/13
Posts: 2
Since it is not in my name, does that mean my husband automatically gets the house and then pays me the half equity since our marriage or do I have any rights to the house?

#758451 - 01/28/13 09:50 PM Re: Home Ownership [Re: julia37]
BeachBabeRN Offline
Carpal \'Tunnel

Registered: 01/17/06
Posts: 3236
Loc: VA for 21 years, NC forever!
Might want to make sure there's positive equity in the home prior to asking for any share of it -- if there's no equity to divide in the event of a sale, you'd then be liable for half the loss.

Good with the bad, right?

#758452 - 01/28/13 10:51 PM Re: Home Ownership [Re: julia37]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 879
If you are better able to pay him his share of the equity and take over the mortgage, that is always a possibility, if that's what you mean.


Moderator:  dsAdmin 

Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: