Husband owned house before marriage and the couple has been married 3 years. When they get a divorce does the house automatically go to the husband or woudl this be part of the divorce settlement? Indiana
2006-09-15 03:15:28 · 23 answers · asked by tamaran333 1 in Politics & Government ➔ Law & Ethics
The wife will almost certainly get some part of the value of the house. A good divorce lawyer will negotiate on behalf of the husband to bring an agreed amount to the court. The longer the marriage -- and especially if there are kids -- the more she will get.
A pre-nuptial agreement helps, but may not be dispositive.
The outcome varies by state. It is not always fair -- but neither is life.
2006-09-15 03:31:41 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Just because a property is in some else's name does not mean that you cannot have an interest in it. This means that in divorce a wife (or husband) can claim against such an asset if they can show that the name on the title documentation does not show the true position. However, this is a short marriage and therefore this will be taken into account. Someone earlier said that you need to be married for 5 years before you can make a claim on a pension, this is not correct.
2016-03-27 02:18:39 · answer #2 · answered by ? 4 · 0⤊ 0⤋
You need to speak to an attorney. Depending on if there are any children in the marriage and who gets custody will determine who gets the house. The children will remain in the home. Good luck. In cases where no children are involved and the marriage lasted shorter than the time the house was owned, it would go to the person who purchased the home.
2006-09-15 03:40:12 · answer #3 · answered by cookie 6 · 1⤊ 0⤋
WIth or without a prenuptuial agreement things owned by one of the partners before the marriage still belong to them. If there were PAYMENTS made on the house during the three years then the amount of those payments would be considered community property.
2006-09-15 03:20:11 · answer #4 · answered by Michael 5 · 2⤊ 0⤋
It doesn't matter if the husband owned the house before marriage.It's part of the divorce settlement unless an agreement was written and signed on paper that the house went to the husband.
2006-09-15 03:20:32 · answer #5 · answered by ccmc70715 2 · 0⤊ 2⤋
I don't believe three years is long enough to give her entitlement did her name ever go on the title, or did she ever pay ino the house? she may get some thing but I'd say it's doubtful there would be enough to even fight for a share it would cost her more to do so than she could get......Is Indianna a 50/50 state? Then maybe!
2006-09-15 03:34:21 · answer #6 · answered by battle-ax 6 · 0⤊ 0⤋
You need to find out if Indiana is a community property state. If it is, then, yes, she does have claim to half the house, if not, then she has no claim. At least that is how it works in most states.
2006-09-15 03:22:06 · answer #7 · answered by ihave5katz 5 · 0⤊ 0⤋
It would be part of the divorce settlement unless a prenup was signed. It's just the way the water boils.
2006-09-15 03:17:19 · answer #8 · answered by cat_Rett_98 4 · 1⤊ 1⤋
PRENUP the things that have been gained from the time of the weding to the devorce are subject to divison.
But with a PreNup you can control what the female thief takes from you.
Just put down that everything that you have comming into the marrage is yours and everything that she brings into the union is hers.
2006-09-15 03:20:32 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Probably be entitled to 50% of the house appreciation that happened during the 3 years of marriage. Maybe not for appreciation that happened before that.
2006-09-15 03:19:03 · answer #10 · answered by Chloe 6 · 1⤊ 2⤋