Getting divorce, bought a house before marriage?
Im getting divorced- have two kids with her but I bought a house before getting married does this mean she gets to keep it .
- RajaLv 76 months ago
If you have the legal ownership of the property then you are said to be the absolute owner. If it is joint ownership a share will go to the wife depending on the terms of the Deed . A Deed is a legal document which gives the terms and conditions of the ownership of property. Consult a Lawyer for proper interpretation. Property Law varies from country to country .Hence seek legal advice.
- OcimomLv 76 months ago
That depends on the state you live in and the divorce lawyer. Likely the house will be split between you.
- 6 months ago
You are man and you can make everything again if your kid are going with her give for your kids,.
- Anonymous6 months ago
YES LAWYER UP - Janet was right on the money and while laws vary use this as starting point
it depends on if you can prove you never used her money to pay on the house... bought and paid for is not the same as made payments when married.
but there is provision for you to keep the house
judge cannot change the mortgage contract
that contract prevails
but if she never worked or sparsely worked you will pay one way or the other
a big BIG suggestion on all things do the mirror test
say there is $100,000.00 in shared equity verse your separate equity
so she says you pay me the $50,000.00 her half to the equity
reverse all offers say no you keep the house pay me the equity in cash
and if the title is in your name she cannot borrow on the home to pay you upfront
the mirror works best on self employed business ,, you are the business and she ask $500,000.00 for her half
tell her no you take the business pay me the $500,000.00 ... she will run in fear
then offer a small token amount to her say $15,000.00 She will take it
I will tell you Lawyers all know each others and they have certain loyalty to each other over you the client for most part -- how much you pay may determine conditions
never let the lawyer string it out to bill you over and over,,, keep your own written log/list you expect out of the lawyer -- tell him you will not pay for his scheduling screw ups etc (try get it written)
But in the end In cases I help friends with
our lawyer made provisions for her lawyer to get paid from our side... AKA she owed my buddy $5000.00 after all said and done... but they allowed him pay her $2000.00 so she could would pay her lawyer who was mislead by her there was hundreds of thousands of dollars to be had in the settlement (she never made the initial retainer payment) LOL
the fun part was he paid her $100.00 per month for 20 months... you know she never paid her lawyer
Remember the court MAY order her to pay or you to pay certain credit cards/accounts , car payments etc.. but if the loan if in your name and she does not pay? they will come after you not her ..... the court cannot change the debt to another person
never ever sign any deed or title over without a new mortgage (name change no co-sign) or new loan paying off the original loan and through escrow only not quick-claim deed
IE: quick-claim deed changes the deed but not the loan
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- PatriciaLv 76 months ago
discuss this with your attorney.
- KellyLv 76 months ago
She can ask for it in the divorce, or ask for it in lieu of other marital assets that are equal or similar value.
She is though entitled to half the equity of it during the time you were married. If you stay in the house you may be required to buy out her interest in it. Say there's $50,000 in equity in the home, $25,000 of that is hers.
Ultimately you need an attorney to negotiate a good settlement for you.
- Anonymous6 months ago
Questions like this always produce 2 kinds of answers. Smart people will tell you there's no way to even guess, so you need legal advice. Stupid people (or well meaning teens) will assume you gave enough info to know exactly how this will play out.
Hope that helps.
- K8Lv 76 months ago
Get a lawyer......
- EvaLv 46 months ago
If you did not put her name on the deed when you got married, it's your house because you had it before marriage, unless you live in a community property state.
- FoofaLv 76 months ago
Depends on whether she signed a prenup, whether you put her name on the deed, whether you live in a community property state and what a judge might decide. Go talk to an attorney.