What rights do I have to my home if my name isn’t on the property?

UPDATED: Oct 1, 2022

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What rights do I have to my home if my name isn’t on the property?

I need help filing for a divorce. I currently have an order of protection against my husband. He is looking to

quitclaim our home to his girlfriend. How do I protect myself and our 4 kids from losing our home?

Asked on February 6, 2019 under Family Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

File your divorce action and in the action, seek a court order barring him from in any way transferring or encumbering (doing anything that results in another having some right to or lien over the property). You can seek that order on an "emergent" (think: "urgent" or "emergency") basis to get into court and get the order fast. The disposition of the house--who gets how much equity from it, when; who gets to live there, for how long; etc.--will then be decided in the divorce case, and your husband will not be able to change anything until the case is resolved. Procedually, this can be complex for a layperson: given that you have a house--a very valuable asset--at stake, you are strongly advised to retain an attorney to help you. A family law attorney can also make sure that in the divorce, you get a fair share of all money and assets, child support (assuming you get custody), and possibly spousal support (alimony).

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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