If my wife and I bought a house but my name is not on the title, do I have any rights to it in a divorce?

Asked on March 19, 2012 under Family Law, Missouri


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

Answered 8 years ago | Contributor

The general rule is that an asset purchased durin a marriage is considered to be a marital asset for distribution regardless of whose name the title is in.  So yes, the asset is yours too.  Now, the presumption is rebuttable in that if the spouse whose name is on the title can show that it was pruchased with say an inheritance nd there was no intent for it to be a marital asset the court will consider that argument.  Good luck.

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