If I file for divorce, what will happen to our house if my husband and my dad’s name are both on the deed?

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If I file for divorce, what will happen to our house if my husband and my dad’s name are both on the deed?

For a wedding present, my mom and dad put a down payment on a house that we were looking at. After my husband and I got married, my dad ended up having to co-sign a loan because of our credit. After looking through all the papers from the house, I found out that my dad’s name is also on the deed. I am in an emotional abusive relationship and want to file for divorce, but I am afraid that my husband is going to wreck the house so my dad would not be able to sell it again. What are my options?

Asked on March 1, 2011 under Family Law, Wisconsin

Answers:

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

Answered 10 years ago | Contributor

The most important thing here is for you to be safe and to feel safe.  So you need to seek help from an attorney to bring an action quickly against your husband and to ask for exclusive use and occupancy of the marital home and a restraining order to keep him away from you and from the house.  Then tell your Father to ask an attorney about bringing an action for partition, which is an action to "split a house down the middle,"which of course can not be physically done.  Instead what will happen is that the court will order the house sold and then the proceeds split.  Your husband will fight this all tooth and nail, especially the partition action, if it is available to you.  Good luck.    


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