What are my rights to my house if my husband that wants a divorce?

UPDATED: Oct 1, 2022

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What are my rights to my house if my husband that wants a divorce?

He wants everything done his way. He saw a lawyer and was told by that lawyer that he has a better leg to stand on when it comes to getting our house because all I do is cook and clean and he does everything else. I want to know if that is true.

Asked on May 13, 2019 under Family Law, Vermont


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no simple answer. If the house is in both your names or was bought during marriage, the family/divorce court will decide what happens to it. There are many possible outcomes:
1) The house is a marital asset, along with any vehicles, money in the bank, etc. The total marital assets should be split more or less 50-50. That could mean selling the house and dividing the money; it could mean one of you gets the house, the other gets more money or other assets to compensate; etc.
2) Even if the house is going to be sold, it doesn't have to be sold immediately; the court can let one of you live there for a time, then order the sale, if that makes the most sense for everyone's situation.
3) If there are children, whomever gets custody of them will likely have the right to live in the house, possibly until the children turn 18, so as to avoid uprooting them; after that, the house will be sold.
And you are a homemaker while he works and brings in the income, he will almost certainly have to pay spousal support or alimony to you.

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.

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