How can I get my share of proceeds from property that is in my husband’s name?

My husband has managed to put most of our property in his name during our 20 year marriage. We have 2 children. We ran a small business in VA which was in his name and sold it so I could move back home to KY. Because the bus. was in his name, he feels that all the proceeds and anything bought with the proceeds belong to him. We now have another small bus.in KY which is in his name. I have always helped with the businesses. He is getting ready to sell our house in VA. How can I get 1/2 of the proceeds from that sell if the bank makes the check payable to him since the house is in his name

Asked on July 1, 2009 under Family Law, Kentucky

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You'll probably have to file for divorce before he closes the sale, which will make any transfers of property by either one of you subject to court review and approval.  Your lawyer may be able to get a court order that forces the sale proceeds to be put in escrow and held until the divorce is resolved.  And yes, with a business and property, and the assets in your husband's name, you absolutely need a lawyer.  To find an attorney who can file your divorce, in Kentucky (if you've lived there long enough, and if you prefer) or Virginia, you can look at our website, http://attorneypages.com


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