If I want to divorce my husband, can I keep the house?

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If I want to divorce my husband, can I keep the house?

Prior to marrying my husband, I bought and paid for the land and a trailer. We bought a modular home. The company we bought the home from told me I had to gift him half the land before they could put the house in it. I reluctantly signed the papers to gift him half the land. Now the deed to the house and land is in both our names, but the loan for the house is solely in mine. He will likely fight for anything he thinks I want and will likely become very vengeful.

Asked on June 20, 2012 under Family Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Given the circumstances that you are writing about with respect to a potential marital dissolution from your husband and a fight over assets of the marriage and possibly separate property issues, you should consult with a family law attorney about what you desire before you file.

Given what you have written, since your husband is on title to the land and modular home, under the laws of all states in this country there is a presumption that he owns an interest in such items where they are not your separate property.

Whether you are entitled to keep the house will be something you and your husband will have to agree upon or if not, the court will make the decision for you.


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