if a woman that is married have split up but not legally separated form her husband buys a house with another man,will her legal husband still be entitle to half in a divorce.
2007-08-27 08:32:33 · 8 answers · asked by miamiryder 1 in Family & Relationships ➔ Marriage & Divorce
Depends on whether or not the couple live in a community property state. Chances are, they were smart enough to only put the house in his name.
2007-08-27 09:05:58 · answer #1 · answered by Linda S 3 · 0⤊ 0⤋
It really depends on how the paperwork for the new house was handled and state law. If her name is on the deed and she is part owner and the house was purchased during the marriage, it could be considered a marital asset if neither has filed for divorce or legal seperation.
He wouldn't get half, however. Half is hers and half is the other man's. So, the husband would be entitled to half of her half. At best he would get 1/4 of the homes value or equity. Chances are, a judge would grant him nothing from that house since they were living apart and he had made no financial contribution to the purchase of the house.
Its always best to ask a lawyer to be sure, though.
2007-08-27 15:44:15 · answer #2 · answered by Melanie J 5 · 1⤊ 0⤋
If this woman was still married to her husband and bought a house with someone else and is stll legally married i belive that the husband would be entitled to half in a divoice not sure. This is kind of tricky because anything bought while being married either spouse is entitled to half. I think this is how it goes.
Seek legal advice. Best of luck
2007-08-27 15:37:42 · answer #3 · answered by mmurray001 5 · 0⤊ 0⤋
Wow, you're on a witch hunt. It really depends, but I would think that if she was smart, she's not titled on the new home, so she wouldn't be a legal owner. The "assets" that are divided are usually acquired during the marriage. So, in that case this NEW home wouldn't qualify. By the way, neither will the NEW car, bling blinging ring, etc. Finalize the divorce and get on with your life..she has. Do it while they are doing good, you may get more than you should just to get you out of their lives. Good luck.
2007-08-27 15:40:18 · answer #4 · answered by Brain 4 · 0⤊ 0⤋
Depends on the state. It can be argued that you are not entitled to half of that asset because your marriage was already lost. However, it can be argued that until a divorce is finalized, you get half. Usually, you will get half of that with a good lawlor.
2007-08-27 15:37:12 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes he is
2007-08-27 15:35:57 · answer #6 · answered by Alissa 6 · 0⤊ 0⤋
It is all marital property, yes.
2007-08-27 15:35:58 · answer #7 · answered by Loris Ann 3 · 0⤊ 0⤋
probably not if her name is not on the house.
ask your attorney... and good luck collecting!
2007-08-27 15:37:28 · answer #8 · answered by letterstoheather 7 · 0⤊ 0⤋