If one spouse buys a house, does the other have any legal claim to it?

Question

Under the following conditions:

- Both spouses work and make equal amounts of money
- Only one spouse's name is on the loan and deed
- Only one spouse makes payments on the house
- The couple splits all other bills (electric, water, etc) down the middle, with each spouse paying exactly half
-The couple were already married when the home was purchased
- The home is used as the couple's primary residence

In case of divorce or separation, does the non-buying spouse have any legal claim to the house? Will judges force the buying spouse to split the equity in the house with the non-buying spouse because they were married when the home was purchased?

For anyone that cares, this is a theoretical situation. Neither I or my husband own a house-- I'm weighing the pros and cons of buying one now, even though he doesn't want to / might not be able to for a while. I am a realist more than a romantic, so I like to know what will happen in a worst-case scenerio. Also, we live in Texas.

*LOL*

And why do you all assume that he's the one that owning the house in this scenerio? I'm actually the one that would be buying the house, not him. I'm just wondering if they would take it away from me if I bought it and we ever got divorced...

Answer 1

The issue of claims by one spouse not on the deed of conveyance over the rights of ownership of the spouse shown on the deed arise automatically under states known as Community Property states these states show that regardless of who is on the deed and the property is acquired during the marriage, then both spouses have a 50/50 interest in the property. These states are: Alaska, Arizona, California, Idaho, New Mexico, Louisiana, Washington, Nevada, Texas and Wisconsin.
In the other states the court might order a division of the property interest based upon a partition suit and premised on the claims of the parties, but it is not assured as is in a community property state.
Best of luck to you

Answer 2

Since the house was purchased while you were married then the answer could be yes. Especially if any of the money came from both of you to put as the down payment. I would say that it wouldn't be community property if he got the money for the house from and inheritance and used that, then it would be his house. But that would also mean that he would have had to use only his money from the inheritance for every thing that goes into the house. Because once any money he earns goes into the house it becomes community property. But usually any thing that is purchased while your married it becomes community property.

I would say contact a lawyer, you can get a free consultation if you want. So that your husband wouldn't even know that you did some checking on it. I doesn't hurt to know these things you have a right to that information to know where you would stand. Even if your never use it, like as in a divorce.

Lawyers will some times give free consultations, so that you can ask one about what your rights would be concerning this matter.

BTW: The reason that inheritance money wouldn't be community property is because it was left strictly to him, so that he could buy a house with that and then you couldn't have any part of it as long as he doesn't invest any of his regular earning into that home. That would be the only way it would be totally his.

Answer 3

If the house was owned before the marriage the house belongs to that spouse
If it was purchased with inherited funds, even while married, the property belongs to that spouse.
Any one who owns property and marries a second spouse should always make the new spouse sign a Quit Claim deed to protect their children and the property should be put in a trust. Anything can happen in a marriage and a property owner should be careful that all repairs have only the owners name on them, not the spouse. I know a couple where the woman owned the house and the husband put a small addition on it and he got half. The house was sold for $800,000 in the divorce..

If property is purchased with funds earned during the marriage, it belongs to both spouses, regardless whether only one name is on the deed. If this is the case you should ask that your spouse put your name on and see what he says.

Answer 4

It depends on what state you live in. If you live in a community property state the yes the other spouse does hold some legal rights to the equity in the property unless it was inherited. In the United States there are nine community property states:Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Puerto Rico allows property to be owned as community property also.

Community property is a marital property regime that originated in civil law jurisdictions, and is now also found in some common law jurisdictions. The portions of the United States that recognize community property, which are primarily the western States, acquired this body of law from the law of Mexico.

In a community property jurisdiction, most property acquired during the marriage (except for gifts or inheritances) is owned jointly by both spouses and is divided upon divorce, annulment or death. Joint ownership is automatically presumed by law in the absence of specific evidence that would point to a contrary conclusion for a particular piece of property. The community property system is usually justified by the idea that such joint ownership recognizes the theoretically equal contributions of both spouses to the creation and operation of the family unit.

Answer 5

People are somewhat correct in saying that the other spouse would be entitled to "half." The half to which the law refers is only the asset portion, that is, the portion which is owned free and clear. In your hypothetical, upon divorce he would be entitled to one half the equity. The legal theory is that marriage is similar to a partnership and each partner contributes to the household equally. Even in community property states, this is a presumption which can be rebutted. However, most people do not want to have a trial over issues such as this unless there is a lot of money involved due to the expense.

In your case, I would suggest putting the property in a trust. Have an attorney draft the trust so that he or she can fully inform your husband of the legal implications of the trust. Nothing will shield you 100%, but this could shift the balance in your favor.

Good luck.

Answer 6

Check state or provincial statutes, most allow the primary residence to be shared although not at the 50% dower rights act allows, if both names are not on title. If one of the parties inherited the house or bought the house with an inheritance or similar gift of money from family or friends even while married and there has been no increase in value then the spouse may not be entitled to anything. If there has been an increase in value then the spouse is entitled to 50% of the increased value of an inherited property. If this is a primary residence or a revenue property other valuations may be factored in as well. Generally regardless of who owns what if both parties contributed equally or they shared a bank account to pay bills on the primary residence then it would be a shared asset as long as it was a primary residence. The most important thing to check is the state or provincial divorce act, and if one exists in your area the dower rights act. A good lawyer here is worth their weight in money saved and retained especially if there are complications.

Answer 7

In the US, in "Community property" states, if the purchase was made during the marriage (not before, even during engagement), yes, the non-buying spouse can claim that the house is part of the community property and must be compensated for in the settlement.

Usually, one of the divorcing buys out the other or takes less compensation or gives more compensation.

Answer 8

Some states have what is called "Dower" rights, which means the wife owns a statutory share of ANY real estate the husband owns during the marriage, regardless of whether it was owned prior to marriage, or who is on the title. There are also "Curtesy" rights, which are the same thing for the husband, but the shares are not always the same. Not all states have these.

In the case of divorce, you have to think of it as if all of the property that both own become the property of the court. Effectively, it is.

Answer 9

Community Property States
If you live in a community property state, the rules are more complicated. Community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. (And in Alaska, spouses can sign an agreement making specific assets community property.)

Generally, in community property states, money earned by either spouse during marriage, and all property bought with those earnings, are considered community property that is owned equally by husband and wife. Likewise, debts incurred during marriage are generally debts of the couple. At the death of one spouse, his half of the community property goes to the surviving spouse unless he left a will that directs otherwise.

Can my husband and I make a joint will?


Married people can still own separate property. For example, property inherited by just one spouse belongs to that spouse alone. A spouse can leave separate property to anyone; it doesn't have to go to the surviving spouse.

Married couples don't have to accept the rules about what is community property and what isn't. They can sign a written agreement that makes some or all community property the separate property of one spouse, or vice versa.

examples:
Community Property

-Money either spouse earns during marriage
-Things bought with money either spouse earns during marriage
-Separate property that has become so mixed with community property that it can't be identified

Separate Property

-Property owned by one spouse before marriage
-Property given to just one spouse
-Property inherited by just one spouse

Answer 10

This is a matter of state law in Texas. I would disregard any answers here that are not specific to Texas.

If the law in Texas works as it does here in NC, your husband would have a legal right to half the house, whether or not his name is on the deed. His signature would be required on the loan documents, too, so it would be hard to make the purchase if he doesn't agree.

You need to find out the specific law in Texas. One way to find out is to consult an attorney, but you might also find out from a loan officer at a bank.