We are going through a divorce and my ex-husband wants to take the new house we bought. When he left, he took everything but the house and has not contributed anything to the mortgage or house-related costs. The title and loan is in my name. The money used for the down payment was given to me as an agreement that they could take everything in the house.
2006-10-21 03:58:18 · 19 answers · asked by MSLH 2 in Family & Relationships ➔ Marriage & Divorce
It may be different in the U.S. but in Canada even if there is only one person on title and if you are married your husband has "Dower rights" to the property. So unfortuneatley the house is not all yours. Your husband still has an interest in it by law. Your husband would have to sign away his rights to the house.
2006-10-21 04:07:07 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Im not quite sure I understand the last sentence correctly. If by "they" you actually mean your ex and you have the "agreement" in writing then theres no problem especially if he did take everything as agreed upon. You will probably have to put a monetary value on everything he has taken. If nothing is in writing, then the judge could order the house sold with any profit to pay expenses first then split among you two unless some other agreeable arrangement can be made, like either buying the others interest in the house. Also you dont say if any children are involved which can change this picture dramatically as you would get custody and the house along with support. Marital property becomes divisional in a divorce court so if the property he has taken is equal to the current equity you have in the house may satisfy the court and remain yours. This is the reason for the appraisal value of the property he took. Hope this helps and good luck
2006-10-21 04:12:42 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
The answer to your question is best answered by an attorney. Much depends upon whether your State is a community property state, and how the law defines community property. Now is the time to dig out the photos that were taken in your home, so that you can prove that items were present that are now gone. Everything counts, even picture frames. If you have any receipts for major purchases, that may help you prove the value of what he took. Your credit card company should be able to give you copies of statements for purchases made on credit cards. In any case, I wish you the best. Remember, as much as anyone here tries to help, your best source for legal advice is an attorney, and you will find that it is a worthwhile investment, especially with the stakes involved. The question of the house may hinge on whether you purchased it before or after the marriage.
2006-10-21 05:31:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It depends on what state you live in. Most likely it doesn't matter whose name is on the deed or who actually makes the payments, the house along with everything else is owned by both parties. He can fight you for 1/2 and if the two of you can't come to an agreement then the judge can order the home be put up for sale and the proceeds split equally.
2006-10-21 12:20:59 · answer #4 · answered by ** 1 · 0⤊ 0⤋
It may depend on what state you live in. If it's a community property state, then it won't matter whose name is on the title or who made all the payments. It'll be split down the middle. Either you agree on who gets the house, one of you pays the other for half the value, or it can be sold and the money divided.
When my husband and I divorced, I had to take out a mortgage to pay him for half the house, even tho it was my parents' inheritance to me that paid for the house and our children were still living in it.
2006-10-21 04:21:30 · answer #5 · answered by picassoesque 2 · 0⤊ 0⤋
In my divorce my lawyer made me make a list of EVERYTHING we had during our marriage and put a price on it. Then it got divided down the middle. So if you got the house during the marriage...it might have to be split. The things he took should be written down also. But the best way to find out isn't Yahoo...it is a very good divorce lawyer.
2006-10-21 04:08:12 · answer #6 · answered by hard rock girl 3 · 0⤊ 0⤋
no-one can take the house
or demand a share of it
unless there is a court ruling to that effect.
you do need to write out very clearly
your side of the agreement
do it now, and include every detail you can think of.
you should have had the arrangement with the deposit and the loan formalised long ago, so you probably need a lawyer now.
one thing in your favor is that your ex husband has already taken the contents of the house. that would tend to support what you have said.
you need a lawyer to fight it in court.
2006-10-21 04:15:46 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It is not necessarily yours even though your name is on it and you are the one paying for it. Write down everything he took, the value of it all, take inventory all the way down to the toilet paper. Tell him to either give up the house, or everything will have to be split between the 2 of you. You will probably have to fight for the house in court.
2006-10-21 04:04:01 · answer #8 · answered by JJ 2 · 0⤊ 0⤋
I know that in my state, once you marry, everything becomes shared between the two. Meaning your house is half his. BUT since he took everything inside and you didnt get half of that you could probably get the house to even things out.
2006-10-21 05:05:48 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Depending on the grounds for divorce, he may be able to get 1/2 the house...
2006-10-21 04:16:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋