Do I have any rights in my divorce if my husband cheated on me and I have proof?

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Do I have any rights in my divorce if my husband cheated on me and I have proof?

The house is in his name and he doesn’t want to sign the deed over to me. The house is in his name but I spent my whole retirement on remodeling the house and was a homemaker while we were married and now I have recently had to start a new career. He won’t help me with the payments or let me refinance the house and is letting it go into foreclosure?

Asked on August 15, 2011 Florida

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  You have many rights in a divorce action that really have nothing at all to do with his cheating on you.  In fact, most courts in most states do not take fault in to consideration when deciding the distribution of marital assets unless the adulterous party disipated marital assets in favor of the girlfriend or boyfriend.  Your rights come from the time you spent in the marriage and the contributions to the marriage.  Just because they may not have always been monetary does not mean that they do not exist.  Now, just because the house is in his name does not mean that it is his.  It is a marital asset if purchased during the marriage regardless of whose name is on the deed.  I understand that he is holding it over your head by allowing it to go in to foreclosure.  So you need to get a court involved asap.  Do you have ana ttorney in the divorce? Then they need to get on the stick here.  Good luck.


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