In a divorce, who has rights to the house?

I have been married for 5 years. I bought a house 6 months before we married in my name only. I have filed for divorce but she will not sign yhe papers clauming she is entiitled to half the profit of the selling of the house. I offered half profit and she wants say in the selling price. I offered to sell the house to her for what I owe. She says she doesn’t qualify for a loan after she said she would buy the house. I have been living with my parents for 6 months to keep from fighting. She is living in the house now while I make mortgage payments and she pays utilities. How can I move on with this process? No kids are involved. Do I have any legal grounds to take the house and evict her from it?

Asked on November 14, 2012 under Family Law, Tennessee


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

Answered 8 years ago | Contributor

You need to seek legal help in your area.  Although you seem to be trying to be reasonable, it seems she wishes to fight you every step of the way.  If the property is really determined to be separate property she could try and claim that she helped to increase its value while married and that increase in value is marital property.  It is all speculative in this forum but if it is determined to be separate property then you call the shots.  Understand as well that money earned during a marriage is considered marital money.  You need a date certain for separation. Good luck.

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