If my wife and I are divorcing but it is very amicable, is there any way for us to retain joint tenancy?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife and I are divorcing but it is very amicable, is there any way for us to retain joint tenancy?

We are going to continue to live together as “domestic partners”. However, on the petition paperwork the only options for ownership of our house are full ownership by either petitioner or respondant.

Asked on April 25, 2012 under Family Law, Minnesota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, you have a divorce and you have marital assets and debts and the court must have those separated for both of your benefit. One of you must have the house or you can both choose to sell the home and purchase another home together as joint tenants without "as husband and wife" part. Talk to your attorneys and see if retaining joint ownership is going to be appropriate and legally feasible since you may have other debts and assets that need to be offset. The court will need to research this issue and see how this could impact your tax filings since you would be filing separately at that point.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption