QUESTION

Is it correct that my husband is considered half of the owner of the house and the house would be transferred to him after I pass away?

Asked on Dec 23rd, 2012 on Divorce - Wisconsin
More details to this question:
I am getting divorce. The house I am living in is under my name only. I'm the one who has been paying the mortgage.
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14 ANSWERS
Answered on Jun 25th, 2013 at 10:09 PM
It depends upon when the house was purchased and what funds were used.

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Answered on Dec 31st, 2012 at 10:35 AM
This question asks for more detailed information than you think. Married couples own the house they are living in (and own) as tenants in the entirety. This is a legal term that mean that both of you own the entire property and your interest cannot be divided while you are married ie you cannot take a saw and cut it down the middle.. When you are divorced the court will issue a Judgment that determines the interest in the property after marriage. The negotiation you have with your spouse through your attorneys will determine what interest the parties will receive in the house after the Judgment of Divorce is entered. If you cannot determine this in negotiations, the case will be tried and the court will determine who gets what. Please discuss the detail of the division of your home with your attorney.

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Answered on Dec 27th, 2012 at 3:36 PM
Depends how title is held. But he has an interest in the house for divorce purposes. See an attorney to help you. After the property division in the divorce he should have no rights to the house if you die. Make sure you change your will.

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Answered on Dec 27th, 2012 at 3:35 PM
That depends on who's name is on the mortgage as well as the deed also. Both names could be on both. But if they are not he still would inherit especially if you passed without a will.

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Answered on Dec 27th, 2012 at 3:34 PM
There are a lot of factors to consider in property issues. Title is presumed to be correct so that is the starting point. The court would then look at the reason the property is in your name alone, whether there was any fraud or duress, if there were written changes to title, when and why the names where changed and what income or monies were used to pay for the mortgage, upkeep, taxes and insurance.

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Answered on Dec 27th, 2012 at 3:33 PM
In Washington it depends if the house is separate or community property. See an attorney to answer that question.

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Answered on Dec 27th, 2012 at 2:41 PM
If you die before the case is completed and you are not divorced when you die, any property you own will be disposed of according to the law of the state where you live just as if there had not been a divorce case pending (true in most states, you should consult a lawyer where you live to be certain).

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Richard H. Wooster
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Answered on Dec 27th, 2012 at 2:41 PM
It depends on when you bought the house, before or after the marriage. What was the source of funds for the down payment on the house? What is the source of funds you were using to pay the mortgage? If it was from your separate property the house may be a separate asset. If it was paid from your earnings from your job that would be community funds and it may convert the house to a community asset even if you bought it before the marriage depending on how long you used community assets to pay the mortgage and how much of your separate funds were used to buy the house.

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Answered on Dec 27th, 2012 at 2:39 PM
It is correct unless the divorce resolves the property issues in a different manner. He currently has a claim to the home. Consult with an attorney to discuss your options regarding this issue.

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Answered on Dec 27th, 2012 at 2:32 PM
Maybe. Did he live in the house? Did he contribute to paying for the house or housing expenses? How long have you been married? You may have a claim to most of the value of the house, but it is possible that he would be entitled to one-half of any increase while you were married.

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Elizabeth Jones
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Answered on Dec 27th, 2012 at 2:32 PM
The house being in your name gives rise to the presumption that the house is your separate property. If you used money earned before marriage, gifted to you, or inherited then the presumption is stronger. But if you used earnings during marriage then a community property interest in the separate house has been created.

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Answered on Dec 27th, 2012 at 2:27 PM
Ownership or sale of the marital home is normally handled as part of the settlement agreement or as part of the final judgment during an action for dissolution of marriage. You should contact an attorney for a consultation.

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Answered on Dec 27th, 2012 at 2:23 PM
It is not that simple, and what would happen in a divorce is different than at death. Please, for your own good and interest, see an attorney.

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Answered on Dec 27th, 2012 at 2:22 PM
Who owns the house and in what proportion will be decided in the divorce. Once that is decided, it will either be his or yours to do whatever you want with. I urge you to talk to an attorney if you are getting divorced. Not doing so can be very costly.?

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