QUESTION

Will I get half of the house if I file for divorce even if it is under my husband’s name?

Asked on Aug 28th, 2012 on Divorce - Florida
More details to this question:
The house I am living in for 23 year (yes, we are also married 23years) is in my husband’s name. Can I get him out while we are going through divorce process? I do not want the house but do want half to relocate. I do not have an income that will be able to pay rent so where do I go if I cannot live with him.
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19 ANSWERS
Answered on May 22nd, 2013 at 5:14 AM
Yes.

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Answered on Sep 12th, 2012 at 12:21 PM
If he was paying the mortgage with his community income, the community (you own half) has an owenership interest in the house in the proportion the principle balance of the mortgage was paid down during marriage.

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Dennis P. Mikko
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Answered on Sep 11th, 2012 at 1:25 PM
In a long term marriage, assuming both of you made contributions toward the home, the home will probably be considered a marital asset. Whether you would be entitled to half would depend on many factors. However, if you have been a stay-at-home mom during the marriage and now are having a hard time finding work, you may also be entitled to temporary and/or permanent spousal support. You should speak with a lawyer experienced in family law who could better advise you.

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Answered on Sep 11th, 2012 at 12:54 AM
The court is required to divided upon marital assets in a fair, just and equitable manner. YOU have a community property interest in the house, as to what that interest is, you will have to hire an expert to testify at trial if u cannot come to an agreement.

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Answered on Sep 10th, 2012 at 1:38 PM
Any assets and debts that were acquired during the marriage are half yours, regardless of whose name they are in. That would include the house, his 401k, your 401k, and any other assets. You really should talk with an attorney before making any decisions or signing anything.

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Answered on Sep 05th, 2012 at 5:41 PM
It may be difficult if there is no domestic violence issue, why should he be removed with all things being equal. You state you do not want the house , but do not want to relocate well you will have to at some point so you better start thinking along those lines soon. The issue of the house is not clear, you state it is under his name, do you mean the deed, and is there a mortgage, and if there is what names are on that. Also, did he own the house prior to the marriage or was it purchased during the marriage. These are all important questions when trying to determine what your interest will be. If the house was owned by him prior to the marriage, RI as well as many other jurisdictions follow the logic that only the appreciated value during the term of the marriage is included as a marital asset, but if he took out a mortgage during the marriage or had one that you contributed during the marriage it could very well change the color of the asset. If the house was purchased after you were married it a martial asset period, does not matter who's name it is in. This is not easy to navigate on your own you should hire a good divorce lawyer, not just a lawyer.

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Answered on Sep 05th, 2012 at 5:40 PM
Yes, go to court - you are indeed entitled to half the house since it was acquired during the marriage. And, if he is giving your a hard time, you can move the court to have him from the house.

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Dennis Joel Leffert
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Answered on Sep 05th, 2012 at 5:37 PM
Great question. You might consider making your husband an offer to settle the house issue. Get the house appraised, take the appraisal value and compare it with the mortgage outstanding amount. If the net number is negative, the house has no value. If the number is positive, ask your husband to give you of the positive number, in one lump sum or payout over a period of time. Good luck.

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Answered on Sep 05th, 2012 at 5:37 PM
If the house was purchased during your marriage you would be entitled to half of it was purchased and paid for with community property income or other assets regardless of how the property is titled. You can file your petition and ask for exclusive use and possession of the home pending a hearing so you could remain in the home until the court makes its order. You should consult with a family law attorney as your marriage is considered a marriage of long duration and there are certain benefits that come with that.

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Answered on Sep 05th, 2012 at 5:36 PM
I would need to know why the house is only in his name before I can answer you.

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Answered on Sep 05th, 2012 at 1:08 PM
You can request to partition it if you got it during divorce. In that case, you would be entitled to half.

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Answered on Sep 05th, 2012 at 1:07 PM
If the house was paid for with income earned during marriage, it is community property no matter whose name the house is in. You are entitled to one-half its net value. I would suggest you talk to an attorney even if you can't afford one. There are statutes which provide that the other side can pay some or all of your attorney fees in order to make sure both sides are fairly protected.

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Frances Ann Headley
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Answered on Sep 05th, 2012 at 1:03 PM
As long as the house was paid for with community funds, ie his salary while you were married then the house is community and should be divided during the dissolution. You should consult a family law attorney about getting temporary use of the house during the proceeding.

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Answered on Sep 05th, 2012 at 1:01 PM
Maybe, maybe not. It appears that the house, or at least a significant part of its net value, is marital property regardless of the fact that it deed only to your husband. All marital property must be fairly divided, but that does not mean each and every asset is divided - the final result requires looking at the overall, big picture. If you and your husband cannot agree after discussing the issues with an attorney, the judge will have to decide; there are only three possibilities: you keep the house and buy him out; he keeps the house and buys you out; the house is sold and the proceeds split.

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Answered on Sep 05th, 2012 at 1:00 PM
The issue is how was the house paid for. If it was owned outright prior to marriage, then it is your husband's separate property and you likely have no interest in it. If he was making payments on it during marriage, then the community acquires an interest as part of the principal reduction payments and you are entitled to 50% of the community interest. You may also be eligible for spousal support.

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Answered on Sep 05th, 2012 at 12:42 PM
Despite a home being in the name of one party in the marriage, if funds to maintain the home were comingled during the marriage it will be considered marital property and subject to distribution in a divorce. If the home is the only home you lived in for the life of your marriage it certainly can be considered the marital home and that you contributed to its maintenance and upkeep over the years. Also, because of the length of the marriage you could be entitled to alimony.

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Answered on Sep 05th, 2012 at 12:39 PM
This is a good example of the issues facing women as they consider divorce. You should probably squirrel away three months cash for living. The court can be asked to order the husband to pay temporary spousal and child support, but that will not come immediately. Is there a family member you can live with? Or a friend who knows your circumstances and will split or charge decreased rent. You will also have to determine how to pay your lawyer's retainer. Some lawyers used to working with women in your situation automatically apply to the court to have the husband pay their bill. Sometimes this is granted, sometimes not. You need to confer with a family law lawyer soon. If your divorce planning has gone this far, it is likely so has his.

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Answered on Sep 05th, 2012 at 12:38 PM
There is a very high probability value of the marital home will be a accounted for in your favor. Whether or not he could be removed from the home during the pendency is questionable. In divorce situation such as yours the divorce court is not limited or controlled by which of the parties holds title.

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Answered on Sep 05th, 2012 at 12:22 PM
You need to hire an attorney. In Florida the house is a marital asset subject to equitable distribution, and you may even get permanent periodic alimony too, and half his pension.

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