My home loan is solely in my name. My wife was added to the title. Who keeps the home?

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My home loan is solely in my name. My wife was added to the title. Who keeps the home?

Who keeps the home?

Asked on April 18, 2017 under Family Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Title is ownership--a loan (e.g. a mortgage) is not. The mortgage only determines who owes money on a home, not who owns it. So if you are both on the title, the home belongs to both of  you. If you cannot decide between the two of you who will keep it, the court (in any divorce proceeding) will decide who keeps the house. Commonly, one gets the home (since you have equal claims to it); the other one gets some other other money or assets in compensation.


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