I want to divorce my husband. Only my name is on the deed of our house. If we divorce, do I get the whole house since his name is not on the deed?
2007-03-10 11:21:23 · 20 answers · asked by aznfro54 5 in Family & Relationships ➔ Marriage & Divorce
I want to divorce my husband. I have two kids who are financially independent. Only my name is on the deed. I live in Honolulu, Hawaii. We were married when I bought the house. However, I paid for the whole house, not him. Do I get whole house?
2007-03-11 10:41:00 · update #1
If I am unable to keep my house, can i sign it over to my kids (who are on my side), so he can't take the house? Then my kids can sign it back to me?
2007-03-11 10:45:05 · update #2
No it will be sold and profits divided equally. Unless you own the house before you were marry. Then you might have to pay him back for 1/2 assets on the house while you were married.
2007-03-10 11:27:54 · answer #1 · answered by Ivan S 6 · 1⤊ 0⤋
Your husband will get half. So half of what is the question. I would add your children to the deed. give them 90% of the house and keep 10% for yourself. This insures your children can not sell the home with out your signature and you can still live there. He will then get 1/2 of 10%. You need to do this way before the divorce. Don't think that you are going to get away with this easy as the judge and his lawyer will have an issue if you give up the whole house. Good luck
I would hold off on the paper work for the divorce until my deed is transfered and filed. Give it 8 months I know its a long time but, I would waite it out before giving him anything.
2007-03-16 03:21:30 · answer #2 · answered by Kat G 6 · 1⤊ 0⤋
Well normally when you get a divorce depends on the state you have to split all assets that belong to you and him and that you'll gotten since been married. It doesn't cover if you bought the house before you married him. But normally especially here in Texas everything is split in half. The only way or no spitting anything is when both partys agree that the other one can keep it and they don't want it. But if the judge has to rule he will split everything. Like I said that was bought after teh both of you'll married. And if your house is only in your name he might tell you to give him the money for what half of teh house is worth. But that's what lawyers are for. Find a good one and always makes sure the lawyer is a woman, they are good and mean and they don't back down from nothing.
2007-03-10 11:37:28 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It depends on the state laws in your state. Here is Oregon things are split down the middle and they do not care about adultry. When I got my divorce in 2000 I had just bought my house the year before from my parents and it was just in my name. Six months later I caught him cheating and we split and began the divorce. What I did was go to a real estate lawyer to see how I could protect my assets, my house. What I did was sign the house back over to my parents. So when I went through the divorce procedings I didn't the house in my name. Legally if he wanted to push it he could have gotten half of the equity but he didn't want to push it.
My friend Susan cheated on her husband for several years. When they finally got a divorce she got a huge chunk of change from their assets. What I didn't understand was that her husband Steve had bought the house seven years before they got married and he name wasn't on it til after they married, yet she still got half the house. So I think it depends on your state laws and whether you have a good lawyer and can afford the cost of court.
I would google or do a yahoo search on your state and its laws on divorce and splitting assets. I wish you the best. I really hope things work out for you.
2007-03-10 11:33:35 · answer #4 · answered by Serinity4u2find 6 · 0⤊ 0⤋
That would depend. Did you already own the house when you married him? If so you shouldn't have much trouble. However if it was bought during the marriage that makes it marital property which is usually divided 50/50 depending on the bills
and other debts. When I divorced I let my ex keep the house due to the kids.
2007-03-10 12:57:01 · answer #5 · answered by Williamstown 5 · 0⤊ 0⤋
Here in North Carolina, it does not matter whos name is on the deed. If the property is acquired while you are married, then the Property will have to be split 50%-50%. You may want to talk to a Lawyer, he may tell you that since only your name is on it, you can transfer it to your kids. That way you may be able to avoid giving him half of it.
2007-03-17 11:04:24 · answer #6 · answered by donna_honeycutt47 6 · 0⤊ 0⤋
Not if you are in a community property state. All marital assets are divisble in divorce. However even in non-community property states, the house would be considered a marital asset if the house was acquired after the marriage. If you had the house prior to marriage, it may be protected from your spouse. Hope this helps.
Dee
2007-03-10 11:29:40 · answer #7 · answered by Dee 1 · 0⤊ 0⤋
I'm not a lawyer or anything but I would say yes it's your house. If you had it before you were married and only your name is on the house deed, then it's yours girl!!!!
2007-03-18 12:11:21 · answer #8 · answered by madamebutterfly72 1 · 0⤊ 0⤋
No, the house is considered a marital asset and will be split 50/50 regardless of who's name is or isn't on it. If you want the whole house you will have to buy him out of his half.
2007-03-10 16:42:30 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It depends on what state where you in, but mostly you have to split assets especially if you are married 10 years or more. Get a divorce mediator first, it wasn't too costly.
2007-03-18 10:06:47 · answer #10 · answered by anobangtanong 3 · 0⤊ 0⤋