Wednesday, November 23, 2011

If your husband is making mortgage payments with his checks and the house is in her name can he take her house?

My friend wants to divorce her husband and is wondering about that.If your husband is making mortgage payments with his checks and the house is in her name can he take her house?
Depends on whether the house was purchased before or after the marriage. If before then the house is hers, however the husband could sue for half of any increase in value since the marriage. If purchased after the marriage and she's in a community property state then any profit or loss would be split, and if not a community state it could go either way... split half the increase (if any) in value or split right down the middle.If your husband is making mortgage payments with his checks and the house is in her name can he take her house?
Technically, even if the president's cheque pay the mortgage, the house is yours since it is in your name, but legally, since you are husband and wife, he may want his share if he is entitle to any..... But he can never take the whole house, unless you have more than one.
If they are in a joint property state, they will have to split their assets equally between the two parties. One might get the house if they have other assets but if they don't have any, the home might need to be sold.
you are married therefore it is joint money- who ever makes the money--------why is the house in her name only%26gt; that is the question???
You friend needs to see a lawyer.

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