If I had my home paid off prior to the marriage, can the court et my wife stay in the house with custody of my daughter after the divorce?

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If I had my home paid off prior to the marriage, can the court et my wife stay in the house with custody of my daughter after the divorce?

Me and my wife live together prior to the marriage when I bought the home. However, when I bought it my name was the only one on it; 3 months after I won some money and paid it off in full. Then 4 years later we got married. She has never paid anything (insurance or taxes) on the house. Now during the separation they are talking about her paying the insurance and taxes out of the spousal support money. I want to know if that will give her some claim to the house? They said she could stay in the house temporarily. Can courts let her stay?

Asked on March 30, 2012 under Family Law, Virginia

Answers:

Alan Pransky / Law Office of Alan J Pransky

Answered 9 years ago | Contributor

Your wife has a claim to the house because she is married to you.  Massachusetts is an equitable property division state.  This means that there is no automatic rule on property division.  While the house is in your name, the Judge has the power to divide the house or to let your wife live in it.  This is a complicated area of law and you should consult a lawyer for your specific case.


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