Does my husband have any legal right to the house that was purchased while we were married but is not under his name?

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Does my husband have any legal right to the house that was purchased while we were married but is not under his name?

My husband and I got married 4 years ago. Then 2 years ago we purchased a house but all the documents are under my name only. He is illegal in this country. At first he was not contesting the divorce but now he wants money and/or half of the house even though he cheated and moved out of the house. We have been separated for almost a year now.

Asked on December 16, 2011 under Family Law, Virginia

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  There are a lot of issues that are going on here and you really need to get yourself some legal help in all of this.  The fact that he is illegal in this country aside, the general rule is that assets purchased during a marriage are considered marital assets for distribution in a divorce regardless of whose name appears on the legal title of the asset.  So is he entitled to distribution of the property?  Yes, he is.  The law reads this way to protect all parties to a marriage.  There may have been many reasons not to list him: credit, legal status, whatever.  But if you are legally married then he is entitled to his share.  Get help.  Good luck. 


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