I took out a mortgage to purchase my home before my husband and I got married although he did come and live in it with me. We are married now and I was wondering, if we split up, would I have to share the house ? Or is it all mine ? I have never added his name to anything its all still in my name.
2007-12-23 09:22:44 · 10 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
It depends on the state you live in...the community property laws are not what the others are saying.
The property is your sole and separate property, unless you add him onto title. HOWEVER, if you live in a community property state (there are currently nine states which offer Community Property status. These states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), the community has an INTEREST in the property, but usually not an entire 50% interest in the property.
Let's say that you purchased a house for $100,000 with 10% down and took a $90,000 mortgage. After paying money into it, you got married and only owed $80,000. Then, after you were married, you both paid into the property (remember, what both of you earn during the marriage is community property, UNLESS it came from a separate property investment). And now, $70,000 is owed. That means, the community has a 10% interest in the property.
I'm using the basics, not considering interest, etc.
So, if the house appreciated in value, the community still has a 10% interest, but also in the amount that it appreciated.
So, even though the community has a 10% interest, remember, you are 1/2 of the community, so your community property interest is 5% and your husband's community property interest is 5%.
But, remember, not all community property states are the same (the laws, that is)...so, as I said before, IT DEPENDS ON THE STATE!
See:
http://en.wikipedia.org/wiki/Community_property
and
http://www.escrowhelp.com/articles/20000114.html
and
http://www.legal-definitions.com/family-law/divorce-law/community-property-states.htm
So, the question is - what state is this residence in?
2007-12-23 10:41:08 · answer #1 · answered by Princess Leia 7 · 0⤊ 0⤋
I'm assuming (from the fact this is on Answers UK), that you're in the UK.
The best answer is "whatever the two of you agree on."
The worst answer is "whatever the judge imposes in your divorce settlement" (if they two of you can't come up with an answer.)
Some divorce lawyers are VERY aggressive, and will ask for absolutely everything, and play all kinds of dirty tricks. A friend of mine was advised by her lawyer to tell the judge that her husband had hit her, because it would get her more cash. She refused to lie in court, but it doesn't stop the fact that the lawyer had suggested it. Divorce can be a nasty business.
2007-12-23 10:59:14 · answer #2 · answered by mark_harrison_uk2 3 · 0⤊ 0⤋
If he contribute anything to the house and can proof it when you split up, he can make a claim for your house. Best thing to do is even though it is unromantic, is to have it done legally with the solicitor. Or the other method is to sell your house and joint purchase another house with equal contribution. A bit of a hassle but at least your interest is protected in this uncertain world.
2007-12-25 05:27:53 · answer #3 · answered by L1LVN 3 · 0⤊ 0⤋
assuming your in the uk. You would probably be in the same situation as if you married a man who owned a house, you would have some rights to the house. Get a solicitor. A decent man wouldn't claim but is he decent? It is depends if he has contributed to the household income at all.
2007-12-23 09:36:18 · answer #4 · answered by jewelking_2000 5 · 0⤊ 0⤋
If your in the UK?? The house is yours and yours alone....legally
But
If he wanted a piece of it he could go through the courts
The courts would look at the length of marriage and who was the main financially contributer...whether he worked during that period...whether you worked during that period....(working includes raising a family). Who paid the mortgage....literally paid it as it came out of a sole named bank account whose wages were the only wages going in to that bank account etc etc
They takes loads into consideration.....and the length of the marriage has a large part in it
2007-12-23 14:07:53 · answer #5 · answered by stormydays 5 · 0⤊ 0⤋
Depends on whether or not you live in a community property state. If you do, your husband automatically gained 50% of your net worth as soon as you signed your marriage license.
In other states, splits of asset ownership rests with the courts.
2007-12-23 09:27:39 · answer #6 · answered by acermill 7 · 1⤊ 0⤋
The key word is the day you got married. If you owned the home by yourself and used all your own money to purchase the house, then it's your house.
2007-12-23 09:31:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Even though his name is not on the deeds, if he has contributed to the upkeep of the house, ie payed part of the mortgage, utility bills etc, he could have a claim to part of it`s value. Best advice is to see a solicitor.
2007-12-23 09:31:08 · answer #8 · answered by firebobby 7 · 0⤊ 0⤋
no lawyers in my house.unless they are in the shed again.must get a new padlock
2007-12-23 09:26:17 · answer #9 · answered by PIRANHA 4 · 0⤊ 1⤋
acermill is correect, depends on if u live in a community property state, if u do he owns 50% if u don't and bought it b4 u married him he owns nothing
2007-12-23 09:37:46 · answer #10 · answered by Anonymous · 0⤊ 0⤋