If two people are married and one buys a house, does the other have any legal claim to it?
Under the following conditions:
- Both spouses work and make equal amounts of money
- Only one spouse's name is on the loan and deed
- Only one spouse makes payments on the house
- The couple splits all other bills (electric, water, etc) down the middle, with each spouse paying exactly half
-The couple were already married when the home was purchased
- The home is used as the couple's primary residence
In case of divorce or separation, does the non-buying spouse have any legal claim to the house? Will judges force the buying spouse to split the equity in the house with the non-buying spouse because they were married when the home was purchased?
Answers:
Depends on your state's laws, but it will probably be considered marital or community property because you both lived there. If the spouse owned it before the marriage, then that spouse has a greater claim on it.
If you live in a community property state however (like Texas), then its pretty much half and half.
The house is considered marital property and is fair game in a divorce.
The primary residence is considered communal property and will be split accordingly.
Yes, we nolonger live in the stone age. ie not rude remark, just a saying. Thanks. Law was changed because back in the day a man would own the house and everything and toss the wife out on the street.
Now if he can prove that the house was signed before you guys got married, that is another story.
yes, even if everything was paid by the one wealthy spouse, as long as the house was purchased after they were married, it is considered property of the married and can be divided upon divorce or death, even if the contracts are signed by just one spouse.
Yes. Both spouses have a legal claim to the house. In a no-fault state, the person whose name was on the deed would likely either have to sell the house, or would need to make some kind of concession in the divorce agreement to cover the cost of the other person finding housing. In a "fault" state, if there still are any, it would depend on whose "fault" the divorce was. In most cases, the non-buying spouse is going to get SOMETHING out of the deal. What they get depends, however, on how good their attorney is.
yes. its a marital asset and subject to division. you can try claiming special equity IF you have proof to show the other spouse made no mortgage payments. that's pretty tough though.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: