If only the husbands name is on the house, is there a way the wife can get it in divorce??? No children. Wife paid the down payment (no proof) and pays the house payment monthly. What are the chances of the wife getting the house if it went to court?
2007-08-29 10:43:06 · 16 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
kids are the key to getting to keep the house. You'll probably have to sell it and split the proceeds otherwise. If you are married and have no prenup, everything is half yours. Make sure you get it.
2007-08-29 10:47:53 · answer #1 · answered by Fall 3 · 2⤊ 0⤋
Keep in mind that the person who gets the house, also gets the mortgage. Since you've been making the payments, that might not be a big deal to you, but keep in mind divorce does bring about extra expenses.
It is considered marital property one way or the other, so being civil to another and negotiating nicely etc. can result in anything happening.
But best option is still to sell it and split the proceeds.
2007-08-29 17:51:00 · answer #2 · answered by Ally J 3 · 1⤊ 0⤋
More than likely you'll have to sell the house and split the proceeds since there are no children. Who made the payments or paid the downpayment doesn't matter, a house is a marital asset.
2007-08-30 00:29:50 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Simply buy his half out from him. How could you have been so silly as to allow only his name on the house.
You must have proof of the down payment...a with drawl in the amount of the down payment made close to the closing on the house will do.
The fact is.. it is just a house.. there are a million of them...many better then this one.
2007-08-29 17:55:52 · answer #4 · answered by lily 6 · 0⤊ 0⤋
If there is no proof that you paid anything on the house, and you have no kids, you honestly do not have a chance on getting it. Expecially since the hubby is the one with the name on the house. Hey- do you notice how stuck up this sounds? oh, and they would also inform you on the fact that any money that is put out DURING the marriage is not legit cause of you both being together. Watch some damn Divorce Court!!
2007-08-29 17:52:32 · answer #5 · answered by *Momma and wifey* 6 · 0⤊ 4⤋
1st of all - you are a RETARD if you put in the down payment, and make the mortgage payments, but let HIM be the only one with his name on the title....... Big life lesson to learn.
2nd - you two will probably have to sell it and split the proceeds - especially if you're in a community property state.
Most of the time, the woman gets the house (especially if there are kids involved). Unless you have done something to break up the marriage (and your soon to be ex has proof).
Then you're porbably screwed (in more ways than one).
2007-08-29 17:51:38 · answer #6 · answered by aa889d 5 · 0⤊ 2⤋
I wouldn't know....she would stand a better chance of keeping the house if she had children. I would say that you will most likely have to sell the house and split the proceeds if there are any.
2007-08-29 17:48:59 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Most states consider family homes community property, just like your debts. Hence, you're entitled to at least a half share regardless of whose name is on the deed.
2007-08-29 17:49:56 · answer #8 · answered by Anonymous · 1⤊ 0⤋
finances are considered marital property,as is the house.most states requre a 50-50 split in proeperty when divorce,however,perhaps you could keep the house if he gets to keep his...say 401k?or you could buy out his share of the house
2007-08-29 17:48:22 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Are you kidding In Texas If you are a guy you are screwed. The woman gets it all. I have four kids and they want 35% of my frigging check for child support!
2007-08-29 17:49:41 · answer #10 · answered by Anonymous · 1⤊ 0⤋