If while married I bought a house based only off of my income so I am the only one on the mortgage and now I’m getting divorced, what claim does my spouse have in my house?

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If while married I bought a house based only off of my income so I am the only one on the mortgage and now I’m getting divorced, what claim does my spouse have in my house?

We have agreed mutually prior to that I am keeping the house.

Asked on July 21, 2015 under Family Law, Minnesota

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Usually, any assets purchased during the marriage are presumed to be community property.  This would mean that your husband's interest in the home would be equal to your interest.  However, with the interest also comes the debt.  Many spouses will waive their interest in a house because they don't want the responsibility of the mortgage associated with the debt.

It sounds like you already have an agreement.   If you already have all of the details of your divorce worked out, you simply need to file the divorce and make sure that the final decree reflects your agreements.  Many people are filing divorces without attorneys.  If you are limited on funds, you may want to file the petition yourself... but considering hiring an attorney for the limited purpose of preparing the final order.  This is the document that will determine your rights going forward... so you want to make sure the final decree is in proper order.


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