can my husband take my house


Asked on October 16, 2017 under Family Law, Missouri


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Go and pay for advice from a divorce attorney in your area.  Just a consultation.  You can call your local bar association and ask if they have a referral service.  Here is the issue: the general rule is that property purchased during the marriage is marital regardless of whose name it is in.  Also, money earned during the marriage is marital so if you purchase the house with marital money while you are still married he could make a claim.  In many states filing for divorce cuts off all monetary ties.  In some states that it not true.  So you need to go and ask a lawyer in your area what the rules are in Missouri.  You may also want to consider borrowing the down payment after you file.  The money you earned these last 6 years is partially marital.  Good luck.

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