If I move out of the marital home, do I lose rights to the sale of the house?

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If I move out of the marital home, do I lose rights to the sale of the house?

I have been married 8 years. We bought a home together 9 years ago. I just checked my credit scores and realized that when we refinanced the home my name was removed from the loan. We are planning on getting a divorce, but staying in this home is mentally dangerous to me. If I move out, can he claim ownership to the house? I foresee us having to sell the home and splitting the profits. Neither one of us can afford the home by ourselves.

Asked on October 9, 2019 under Family Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Ownership of a home is not determined by who is on the mortgage (that determines who has to repay the loan--and so could be sued if not repaid). It is also not determined by physical residence: people own property they do not reside at or on. If you are the home's title, you are an owner of it and entiitled to a share of the proceeds if/when it is sold.


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