my house is only in my name and my wife left does she have a chance to get posession of the house thru divorce

Question

she left the home but the home was purchased after we were married, and she doesn't work and never has

Answer 1

yes she does.

Answer 2

This is best answered by a lawyer. There are so many factors like what state you married in, are there kids, was a prenuptial agreement ever made, etc. Right off the bat it does not sound promising though. I would encourage her to get a job so she can support herself otherwise you will most likely have to sell the house at some point or pay a considerable amount of money to support her after divorce because you supported her throughout the marriage. Start saving money for a lawyer. You will need one.

Answer 3

The question is, do you live in a 50/50 state? Then yes, she will get 1/2 of the house. The only exception might be if you were married less than a year, OR if you can get an annulment. If I were you, I would be contacting an attorney, and agressively pursuing an annulment.

~Garnet
Who lost her home to her ex...he burned the bloody house down for revenge! Been there, done that with a phsyco ex.

Answer 4

posession, no but she will get half of any equity built over the time you were married. No getting around that. Either you pay her her half, or sell and split the proceeds. Depending on where your living, how long you've been there, you may not be out much with the market being so poor. You'll have to get the house appraised by a court recommended appraiser for fair market value.

Answer 5

Depends upon many factors. Married more than 10 years? She possibly could ask for the home and get it. You say she left? That could be called abandonment, and cause forfeit of her claim on the property. HOWEVER, if she can in any way say that your behavior caused her to leave for her own well being (physical or emotional), then it is NOT abandonment. What you need, good buddy, is a good lawyer, and quick. Depending upon what state you live in, the house could be considered community property, and she could force a sale for her share of its value. She could do this, even if her name is not on the title, as you say it was purchased after the marriage.

Answer 6

You didn't mention if you had children together since that will be taken into consideration along with how long you have been married. She may get part of the house either way, since there are many factors including what state you live in, it's hard to say at this time.

Answer 7

The divorce courts will divide the proceeds of the sale of the house equally. It is called " community property. " When and if it sells. The courts are really slanted towards the female in a divorce. Believe me I know since I have been there twice.

You might stand a small chance if you " homesteaded " your home.

Pray that you don't get a female judge.

The Woodster

Answer 8

I'm pretty sure she has a chance, might be slim but she has one unless you signed a prenuptial agreement. Because during a divorce both partners are entitled to half the property.

Answer 9

When you are married everything is 50/50 ..event if somethings are only in one name.

If this was the matrimonial home, then it will most likelt have to be sold and the profit/loss be divided.

Answer 10

Yep. Depends on how good her lawyer is. You also need a lawyer to defend you from her lawyer.

I don't want to get involved in any details of your relationship, but you both should try to be fair with each other. You each should get what is yours, and split the rest.

Answer 11

Yes she has entitlement to a portion depending on where you live, as much as 50% as she did contribute to making it a home, not working has nothing to do with it...good luck ♥