If m my husband and I are filling for an uncontested divorce, will I be able to keep the house and have his name removed once the decree is finalized?

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If m my husband and I are filling for an uncontested divorce, will I be able to keep the house and have his name removed once the decree is finalized?

In the court papers we have marked that community property and assets have been divided and each is to keep the property that is in their possesion at this time. We have a house that I have lived in and made the payments on for the last 4 years that we have been separated. No where else in the court papers does it mention the house.

Asked on August 8, 2012 under Family Law, Nevada

Answers:

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

Answered 8 years ago | Contributor

I think that you are treading on thin ice if you do not mention the assets specifically that you are "in possesion of" at this time and especially your rights with regard to the house.  Your papers need to say that you are awarded the asset outright.  And that he will execute a deed to you. Then you can refinance and do what you need.  Good luck.


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