Who gets the house?

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Who gets the house?

We’ve been married for a year and a half and moved into this house together 3 1/2 years ago. My

2 oldest from a previous marriage attend the schools here at this house. My husband and I are

separating/divorcing and he’s trying to make me leave so he can be here by himself. I was thinking

since we moved in at the same time, even though I’m not on the loan that I would be able to stay here

and he could leave with his dog.

Asked on November 27, 2017 under Family Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You say you "moved into this house together 3 1/2 years ago" but also that you are "not on the loan." Did he purchase the home without you prior to the two of you getting married, which is what your question implies? If he owned the home solely in his name (you were not on title) prior to marriage, it is his home alone. While he cannot make you move out while the two of you are married (unless you moving out is ordered by a court), if/when you divorce, he will keep the home, not you, and you will then have to leave: a home owned prior to marriage is the sole property of the person who bought it, and is not joint or marital property. The spouse who did not buy it would have no claim to the home.


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