if I bought a house and I payed every thing ,,,,dwn payment closeing, monethly pymnt, and it was on my name ,,, and I after a while I divorce my wife ,, is she able to take from me ...?????
2007-01-08 09:12:41 · 29 answers · asked by ha n 1 in Family & Relationships ➔ Marriage & Divorce
Did she sign a prenuptial agreement?
Depending on the circumstances for divorce, she may have some right to it.
2007-01-08 09:15:22 · answer #1 · answered by Daiquiri Dream 6 · 0⤊ 0⤋
Firstly, she is legally entitled to half, possibly more if you have kids to her. It doesn't matter if it's just in your name, you are married. Second I find it interesting that you say that you would pay for it and you would make the repayments. Last I checked marriage is a partnership and it is both of you that are making those repayments. Even if she's not working, she is staying home cleaning your house or raising your kids. The fact she doesn't get money for that role doesn't mean she's not contributing to the household. Stop being selfish and thinking what you can cut her out of, financially. If you aren't married, don't, you clearly value money and keeping the property over a wife
2007-01-08 09:25:28 · answer #2 · answered by kmlloveplant 2 · 0⤊ 0⤋
There are several possibilities here. If children, then she could be awarded custody, support and the house. If no children, the judge could force you to sell the house if no reasonable compromise can be reached, with the proceeds paying off marital bills and the remainder split between you two. Your best bet would be sit down with her and work out some kind of compromise that is agreeable to both before court and get in on paper and notorized. Good luck
2007-01-08 09:21:58 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
As long as none of the funds co-mingled, you should be OK. This means that the account all of the payments were made from never had a penny deposited from her income. If not, she cannot simple take the house from you but might very well get half of the value. It's all going to up to divorce court at that time. Get yourself one helluva good lawyer.
Why does divorce cost so much? It's worth it!!
Good luck.
2007-01-08 09:15:59 · answer #4 · answered by boredperv 6 · 0⤊ 0⤋
Laws may vary from state to state, however if she is listed on title as "joint tenant", even if she is not on the loan, she is entitled to 1/2 of the equity value of the home.
For instance, the courts may order you to buy her out, in which case you would do a cash-out refinance of your home for the current appraised value and give her half of the cashed-out amount, or she could buy it from you for an agreed-up price. But unless you give-up right to the house there is little chance the state would award it to her.
In any case, get a good attorney.
2007-01-08 09:28:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In most states whatever is purchased during the marriage is considered to belong to both of you. I see several options that you have.. One is to buy her out Two is to have purchased before the marriage Three is if she doesn't want the house or the responsibility of the house (taxes, upkeep, mortgage payments). I don't know what state you live in, but I'm sure that it is like that in most!
2007-01-08 09:24:55 · answer #6 · answered by ? 3 · 0⤊ 0⤋
If you live in a state that allows half of everything to her,yep. If you had children together,yep she gets at least half plus child support,and maybe alimony AND to be able to live in the house with the children. Guess you need to talk to an Attorney ASAP.
2007-01-08 09:16:47 · answer #7 · answered by grbarnaba 4 · 0⤊ 0⤋
First of all, if you are even considering divorce BEFORE you get married......don't get married.
Secondly, yes, she is entitled to half of everything you own. It sucks but that is the law. If you want to find out the laws in your particular state, get online and check them out or contact an attorney. Better yet, if it is something you are really scared about....get a prenup!!
2007-01-08 09:15:33 · answer #8 · answered by TTC Cycle#20 2 · 0⤊ 0⤋
Yes, if you live in a community property state it DOES NOT matter who pays for the house or whose name it is in as it belongs to both of you. She is entitled to half of the house if you purchased it DURING the marriage and half of the equity of you purchased the house BEFORE the marriage.
2007-01-08 09:18:57 · answer #9 · answered by syntagma 2 · 0⤊ 0⤋
she is entitled to half of everything you own. You have the option to sell the house and give her half of the money, or you can buy her out by giving her half of the value of the house or you can give her the house entirely in exchange for something the two of you have that is equal to half the value of the house. Or if she asks the judge for the house he just might give it to her.
2007-01-08 09:18:06 · answer #10 · answered by Anonymous · 0⤊ 0⤋