can my soon to be ex husband claim a share of my house,the mortgage is in my name,and has been since day one can any one tell me what he is entitled to under the divorce laws.
The laws are different depending on where you live. Where I live it is 50/50 no matter what. The home becomes the matrimonial home and it shared 50/50 as well as everything else. References :
Do you consider this property your house.Has he ever contributed to the mortgage Has he a stake in the deposit for the house.
Have you any children?
Kick his but out and tell him you will see him in court.
Get a good lawyer References :
Because you wrote that the "mortgage is in my name," doesn’t necessarily mean that he can’t or won’t be entitled to a claim to the property.
To properly answer your question, first determine if the state you live is a community property state. If so, he may be entitled to reimbursement equal to half the amount of the home’s appreciation "during" the marriage.
If you do not live in a community property state, you would still need to determine the applicable laws in your state.
Yes he can. If you live in a community property state all assets, debts, etc. are split 50/50 during the divorce. The only way you could’ve protected this house you had before marriage was to sign a pre-nuptual agreement.
If you are not in a community property state I do believe it is possible for him to attempt to claim a share if he can prove he paid money into the house (either a large amount of mortgage payments, upgrades/repairs, etc). I’d check with a lawyer if you are not in a comm.property state to insure you can do what you need to protect the home. References : http://document-do-it-yourself-service.com/divorce_laws/state_divorce_laws.html
Depends on how long you were married, whether you owned the property before you were married and whether there are children to be supported. No one on this forum will give you a definitive answer as you should be discussing these issues with the lawyer representing you. References :
April 4th, 2010 at 10:57 pm
Yes he can, if he can prove that he has helped contribute money to anything which you see as yours he can make a part claim for it.
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April 4th, 2010 at 11:06 pm
He probably can. Depends on your state. Get a good lawyer.
Good luck.
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April 4th, 2010 at 11:30 pm
The laws are different depending on where you live. Where I live it is 50/50 no matter what. The home becomes the matrimonial home and it shared 50/50 as well as everything else.
References :
April 4th, 2010 at 11:37 pm
If the house was bought during the marriage, yes. If the house was bought before the marriage and you have never used a dime of his money, no.
Somehow, I don’t see that being the case. So, yes.
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April 5th, 2010 at 12:17 am
In the UK up to 50%
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April 5th, 2010 at 12:52 am
Do you consider this property your house.Has he ever contributed to the mortgage Has he a stake in the deposit for the house.
Have you any children?
Kick his but out and tell him you will see him in court.
Get a good lawyer
References :
April 5th, 2010 at 1:29 am
Because you wrote that the "mortgage is in my name," doesn’t necessarily mean that he can’t or won’t be entitled to a claim to the property.
To properly answer your question, first determine if the state you live is a community property state. If so, he may be entitled to reimbursement equal to half the amount of the home’s appreciation "during" the marriage.
If you do not live in a community property state, you would still need to determine the applicable laws in your state.
Good luck.
References :
April 5th, 2010 at 1:59 am
Yes he can. If you live in a community property state all assets, debts, etc. are split 50/50 during the divorce. The only way you could’ve protected this house you had before marriage was to sign a pre-nuptual agreement.
If you are not in a community property state I do believe it is possible for him to attempt to claim a share if he can prove he paid money into the house (either a large amount of mortgage payments, upgrades/repairs, etc). I’d check with a lawyer if you are not in a comm.property state to insure you can do what you need to protect the home.
References :
http://document-do-it-yourself-service.com/divorce_laws/state_divorce_laws.html
April 5th, 2010 at 2:25 am
Depends on how long you were married, whether you owned the property before you were married and whether there are children to be supported. No one on this forum will give you a definitive answer as you should be discussing these issues with the lawyer representing you.
References :