going through a divorce what am i entitled to without name on mortage?

Answer 1

Even though your name is not on the mortgage, as long as you were legally married, you will be entitled to receive a portion of the family assets. Talk to a lawyer, they will be best to advise you in this situation.

Answer 2

This depends on the laws in your state, and how long you were married, and if there are any children in common. As for your house, if you two have been married longer than he/she has owned the house (meaning, if he/she had it for a year, and then you got married...and you've been married for 3 years or more) and if your income can support all the expenses of the house, then you might have a chance at getting it. That is only if you live in a community property state. In community property states, you are entitled to 50% of any assets (cash, savings, cars, house, furniture etc.). If there are children involved, whoever gets custody of the children will usually get the house, providing the custodial parents income can support 100% of the cost of mortgage. The best thing you can do, if you really want the divorce, is get advice from an attorney.

Answer 3

You will probably have to see an attorney, as this can be complicate by when the home was purchased, relative to the marriage.

If you live in a community property state AND the home was purchased after you married, then it's likely you are entitled to 1/2 the equity in the home.

Understand, equity is the value of the home minus the balance remaining on the mortgage.

If your STBX already owned the home before you married, then it becomes more difficult.

Chances are, you are only due 1/2 of any increase in the value of the home during your marriage. It could be more, but frankly I believe that one should only split what was accumulated during the marriage.

It will most likely come down to what you negotiate. So, perhaps you can negotiate for more cash from another source, such as more retirement, or more property such as getting the nicer vehicle on your side of the property division being fully paid off and titled in your name only.

You are limited only by your imagination on how you can split marital property.

Answer 4

You still are entitled to half the property even in just there name.But if bought before marriage you would have to prove you did improvements to increase the value then u would get half of that.Like when you were married and the spouse owned it before say it was worth 50,000 and in your divorce its worth 100,000 you would get 25,000 from the value going up.Its easy to co mingle property ,my x got 30,000 for just painting my house in the divorce.

Answer 5

Yes you are. If using only his financials to purchase the home, you don't have to be on the mortgage. What ever you time you put in the marriage is the amount of equity you are intitled to. You can get up to half the equity in the home. I am a mortgage broker.

Answer 6

Depends whether you have children or not and what contributions you have made to the household during the marriage,get a good solicitor.

Answer 7

Get your self a good solicitor I'm sure you will find theres alot of other things,i got taken to the cleaners trying to do it on my own

Answer 8

In the UK, once you are married it doesn't matter whether things are in joint names or not, all assets owned by either of you are potentially part of the matrimonial "pot" for distribution between the two of you.

Answer 9

It depends on the state in which you live and when the house
was purchased...
Marriage gives you a lot of rights & protections....

Answer 10

If you lived there, it it the marital homestead. you probably have rights in most states. Talk to a lawyer.