I purchased a home when I was single, got married, never changed deed over to married name or added spouse to the deed. If the home is sold, does my spouse have legal rights to the proceeds?
2007-03-08 00:42:38 · 9 answers · asked by brown eyes 1 in Business & Finance ➔ Renting & Real Estate
Depends on the state community property laws. In Texas, for example, once you're married your spouse is entitled to half of the primary residence (doesn't apply to rental properties). However in Virginia, in a situation like yours, the spouse would not be entitled. Call a local real estate attorney or title company--they'll be able to tell you the answer.
Good luck!
2007-03-08 01:16:12 · answer #1 · answered by Fearless Leader 4 · 0⤊ 0⤋
I don't think the spouse has legal rights to the proceeds if they aren't on the deed, because technically the house only belongs to you if it is under only your name. I think this because when my parents got divorced, the house was under only my dad's name. And when they split up, I was going to stay at the house with my mom and my sister and my dad was going to move out. Since it was my dad's property, my mom had to pay my dad full price for the house, even though technically, they were still married because the divorce was not finalized. I think it would be similar in your case.
2007-03-08 00:58:24 · answer #2 · answered by j_u_l_i_4_n_n_3 3 · 0⤊ 0⤋
The interest in a property can be taken by agreement or by an interest provided by law.
When a property is taken by agreement the parties enter into the agreement by virtue of recording their interest in the property through a deed. You acquired your sole and separate interest this way. However this interest can be changed by an act of law. An act of law changing an interest occurs when the parties live in a lien theory state, or have a civil claim to the property (usually in a divorce proceeding) and one party makes claim to the sole and separate interest of another party in a court of law and a judgement is rendered by the judge awarding an interest in the sole and separate property of the defendant to another.
In another act of law there are 10 states that allow for Community Property liens to arise against the property of one party if certain performances by the party holding the interest as sole and separate were not deemed by the judge to have been done with the intent of holding such property as a sole and separate property, but such determination must be arrived at after proper procedures in a court of law are conducted.
In addition in these Community property states any property acquired during the marriage are held in 50/50 ownership regardless of who's name is on the title.
Buena Suerte
2007-03-08 02:25:48 · answer #3 · answered by newmexicorealestateforms 6 · 0⤊ 0⤋
No, only if spouse is on mortagage, or deed. If you sell he is not in tittled to anything. I had a house with my first husband and his name was on the house and i was getting a divorce no real estate agent would touch me because his name was on the house, and he would not remove it because he wanted money from the sell of the house.
2007-03-08 00:58:57 · answer #4 · answered by jennylo 2 · 0⤊ 0⤋
Depends on the state where you live. If it's communal property the answer is yes. The house would be like any other marital asset and, in the case of divorse, the court would decide how the property gets divided.
2007-03-08 00:56:21 · answer #5 · answered by canela 5 · 0⤊ 0⤋
I would hope this person is your ex-spouse. If you ever refinanced, the spouses name would be on the mortgage. Check with your state, but some states require that you have them sign a quit claim to the property.
2007-03-08 00:47:39 · answer #6 · answered by Amy V 4 · 0⤊ 0⤋
Laws vary from state to state. But there are still a few factors to figure in. Was home completely paid off when you married. If not then it will depend on how much was paid for jointly.
2007-03-08 00:52:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
it all depends on the state you live in. Contact a lawyer thats your best bet. Not all states make you give the spouse half especially if it was premarital property.
2007-03-08 05:31:23 · answer #8 · answered by danczar1 2 · 0⤊ 0⤋
This sucks big time, but She can get HALF of everything even if you didnt even know her at the time. Once married, she is intitled to HALF of everything you own if you get divorced. Key word----Prenuptual...
Yes, this law sucks!! Why do you think women (not all) marry into men who have money.... (Anna Nichol).. Because they know AUTOMATICLY Half is theres if they leave.
But if SHE cheated on you, and you can prove it, then all the above is void, and you will keep everything you had. She will then be intilted to her stuff
2007-03-08 00:59:17 · answer #9 · answered by Mike E 3 · 0⤊ 0⤋