My friend is in the process of building a house. Both her and her husband's name are on it; I think also her parents are as well. So far, her husband has not contributed anything towards it because he doesnt want it.
Their marriage is rocky, and she asked me today if when the house is done does he have any rights to it if they end up in a divorce.
I told her it doesnt matter how much he has contributed, his name is on the house and legally he has rights towards it (or monetary compensation for his half) in the settlement.
Her friends at her work have told her the opposite, that he has no rights to it as he hasn't put anything towards it.
My understanding is unless she can prove their money has always been seperate even during the marriage (which even then is not a guarantee of a ruling in her favor) because the law would consider all money they earned as joint... the only option she has is to get him to take his name off the deed before a divorce.
Is there any other options?
2007-06-01 16:21:19 · 11 answers · asked by cheryl d 2 in Family & Relationships ➔ Marriage & Divorce
I could make a guess if I knew what state your friend lived in. But, if the marriage is shaky enough that she feels the need to ask this question..she should pay a lawyer and get competent legal advice. This is an area that she doesn't want bad advice about.
2007-06-01 16:27:02 · answer #1 · answered by DrK 4 · 0⤊ 0⤋
Well first off, may I say I'm sorry to hear of this .
What should be a happy and exciting time of building a house together may now be anything but happy!
Although ,as the old but true saying goes' a house is where you hang you hat at ,but a home is where your heart & family is.......
yes! you are right ,it does Not make any difference if he has put in money in the new house development or not ,besides it is her word against his if it does enter into A divorce.
She would have to have documented prove that their bank accounts were separate .
However ,I feel for her and it is not fair that he is relying on her to dish out all of the money!
Sounds like to me maybe if he didnt want the house to begin with ,then they should have talked it over before this .....This could be the straw that broke the camel's back so to speak!
The way the law See's it is just like you stated ,if your name is on it then half of it is yours .
However, tell her half of the responsibility is his as well,so if anything good or bad would to happen to the house he is just as responsible as she is!
2007-06-01 23:39:31 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No, you are correct. If his name is on the title regardless of whether he contributed or not, he is part owner in the house.
In a community property state, the house would be long to the husband and wife even if the names were both not on the title.
His name should be taken off before the divorce - that seems to be the only option.
2007-06-01 23:24:53 · answer #3 · answered by Stareyes 5 · 0⤊ 0⤋
you are pretty much 100% correct
most states are community property states
and if the property was aquired during the marriage then it community property and hence he is entitles to half
reguardless if he contributed any dollars towards the project
welcome to what men have known all along about divorce
if the shoes were reversed it would be no different
unless he signs a quit claim deed ( and if he is smart he wont' ) she cannot remove him from the deed
the house will be a forced sale by the courts unless she can buy him out
2007-06-02 00:01:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, there is another option. Partition upon divorce. It's expensive, will be court ordered and ALL parties whose name appear on the deed will lose a lot of money.
Tell her if she does divorce, it's either that or she assumes all the debt in exchange for him signing over rights to the home at refinance closing.
and if her parents are also on the deed, they should show her the business end of a Hickory Switch.
2007-06-01 23:45:10 · answer #5 · answered by hexeliebe 6 · 0⤊ 0⤋
She needs to contact a lawyer to get specific advise as divorce laws vary from state to state. If they don't have a prenup, it is likely that all money (and property) will be considered joint property. It would not matter whether he contributed to the house or not because the house would be a marital asset and considered jointly owned.
2007-06-01 23:29:52 · answer #6 · answered by Jimee77 4 · 1⤊ 0⤋
All property obtained during marriage is shared commonly.
Marriage is the co-mingling of assets for the greater good of the union.
Each party of a marriage has agency, meaning each party can sign for the other, and make documents binding.
Unless it can be proved that certain property was exclusively owned by each party prior to marriage, and specifically named in a "pre-nup", then all contracts are deemed genuine and are to be shared by each party in the event of a divorce.
Marriage can, at times, enrich certain individuals.
That is why some people get married often.
2007-06-01 23:28:56 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Regardless of whom contributes to the building of the house, it will be divided to whom is listed on the house. SO, I would stop, switch some names and do some bartering with him, because it is him that will make things miserable.
2007-06-01 23:28:13 · answer #8 · answered by Dee 4 · 0⤊ 0⤋
She has to take his name off that deed, and go and see a lawyer.
2007-06-02 00:43:43 · answer #9 · answered by Unicornrider 7 · 0⤊ 0⤋
if she wants the house she has to buy him out. its 50- 50.
2007-06-01 23:26:21 · answer #10 · answered by tweed801 5 · 0⤊ 0⤋