If my husband refinanced the home and added his 3 kids name on the title, will I be able to get part of the house?

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If my husband refinanced the home and added his 3 kids name on the title, will I be able to get part of the house?

My name is not on the title.

Asked on July 6, 2011 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

I need to make some assumptions here as more information is really necessary to give any guidance on this question.  First, I am assuming that the house was his prior to your marriage.  If that is the case then it may be considered to be separate property and not marital property for distribution in an action for divorce.  Now, I say that with qualifications.  First, if the house was bought prior to the marriage and placed in his name only but with the intent for it to be the marital home, that you have actively participated in the upkeep and contributed (not necessarily monetarily) to the household all these years, then in certain states the property has been considered marital.  Even if it was his prior to marriage and you have actively contributed to its increase in value the increase can be considered marital property for distribution in a divorce.  Get help.  Good luck.


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