Divorce-Do I have rights to the house?

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Divorce-Do I have rights to the house?

I am going through a divorce and my name is on the deed to the house, but not the loan. Am I entitled to ask for the house or a settlement from the house?

Asked on May 21, 2009 under Family Law, Missouri

Answers:

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

Answered 11 years ago | Contributor

I would be very surprised to find out that not having your name on the loan made any difference here.  If the house was bought during the marriage, with money earned during the marriage, it usually doesn't matter whether both names are on the deed or not, or the mortgage, both the house and the loan ordinarily have to be shared between the parties.

The fact that you have a house means there is more than enough money involved for you to get a lawyer, and very often a good attorney will let you end up in a better place at the end of it all even after paying the legal fees.  One place you can look for a family law attorney in your area is our website, http://attorneypages.com


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