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i have made all the payment's, his name is on the receipt but i made the payment's. he contributed nothing toward's the house payment

2006-09-02 04:12:19 · 9 answers · asked by zip1 1 in Family & Relationships Marriage & Divorce

9 answers

Why are the receipts in his name? Change it right now!
Receipts with names on are proof of ownership. Change it right now and get legal advice.

2006-09-02 04:14:29 · answer #1 · answered by Ya-sai 7 · 0 0

Before I provide an answer, here is a tip for researching a legal issue: for a web search type in something like www.marriage dissolution laws for your particular state (e.g., www.marriage dissolution laws in Texas or www.divorce laws in Texas). Okay, now to an answer. When you indicated you had refinanced and had your husband's name added to the "mortgage" I presume you also mean that his name was added to the "title" or deed to the real estate, your house. Just having him indicated as a mortgagee, i.e., a person indebted to the lender, the mortgagor, only makes him legally liable for repayment of the debt. Having him shown on the title or deed gives him, on paper and presumably, ownership rights to the real estate. However, even presuming his name is shown on the deed does not mean that ultimately he would be given any interest in the real estate, either in the form of actual possession or by a cash payment a judge could order you to pay to him for his "share" of the real estate in the event of a divorce and you wanted to remain in possession of the home. In many states the law presumes that in the event of a divorce each spouse is entitled to 1/2 of the marital assets regardless of how those assest are titled. HOWEVER, this presumption is rebuttable by factors such as length of the marriage, the contribution of each spouse towards the acquisition and disposition of assets (i.e., how much money or other contribution each spouse contributed in acquiring assets and whether a spouse was responsible for wasting assets, money, etc.), whether there are minor children of the marriage, the contribution of each spouse in providing for the household whether monetarily or otherwise, and the like. In your situation, I doubt that a judge, unless you are in California, would give your husband any interest or share of the real estate.

2006-09-02 11:45:40 · answer #2 · answered by orfinlimer 1 · 0 1

Even if he had no income and just stayed home and took care of the family and the house he would be entitled to 30%-50% of the value of the house. Depending on your state laws. Even if he just sat at home, drank beer and did nothing he will get some part of the house, unless he says he doesn't want anything. What is your problem that you would want to cut him out of everything, just because you wrote the check out of your account. Who paid for taxes/utilities/insurance/repairs/maintenance? Get a grip girl and get some ethics.

2006-09-02 11:47:00 · answer #3 · answered by lily 6 · 0 0

If his name is on the receipt and mortgage is in both names you both get credit for it. Unless you can prove you paid him to pay it. If it came out of a joint checking account you both get credit for it.

Does not really matter. Both names on the house now anyways.

2006-09-02 11:27:59 · answer #4 · answered by Mit 4 · 0 0

Well did you pay with a check in his and your name but you signed the check? Did he pay your car payment? Did he pay utility's and insurance each month?

When your married its not his or hers its ours think about that but you can still get it worked out good luck!!

2006-09-02 11:26:09 · answer #5 · answered by canuticklemepink 5 · 0 0

Well them it is your house now!

2006-09-02 11:16:14 · answer #6 · answered by Jerdy 5 · 0 0

I'm sorry to say that, but I'm afraid you made a mistake there.

2006-09-02 11:15:03 · answer #7 · answered by Vage Centurian 3 · 0 0

what state are you in?
Is his name on the deed?
did you buy it before or after you were married?

2006-09-02 11:14:33 · answer #8 · answered by Anonymous · 0 0

if he's name is on it, therefore he owns the house too.

2006-09-02 11:14:54 · answer #9 · answered by superboredom 6 · 0 0

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