If my wife bought our house after we got married, if my name isn’t on the title am I still entitled to part of the house?

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If my wife bought our house after we got married, if my name isn’t on the title am I still entitled to part of the house?

One year after we got married my wife bought the house we were living in. It only has her name on it but from for 2 1/2 years I had the only source of income. Am I entitled to part of the house or entitled to be compensated in any way?

Asked on February 6, 2012 under Family Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you live in a community property state such as CA, community property is property acquired during marriage.  This also applies to income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  This also applies to income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Since the house was purchased during marriage, it is community property and you would have a one half interest in the house.

Your income during marriage is community property and if you were using your income during marriage to pay the mortgage, this would provide additional evidence that the house is community property since it is being paid for with community property funds.

If you don't live in a community property state, other rules may be applicable.


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