Landlord
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If the home is owned prior to marriage it is still the sole property of whoever bought it.
If it is after marriage state law applies. If you live in a community property state it is owned 50/50, otherwise by whoever bought it. |
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Big daddy
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This question cannot be answered in this forum since you did not let us know what state the married couple/property is in. some states have community property laws, some don't, plus every states divorce laws have their own quirks so there is no guarantee who gets what, that would be decided in the divorce proceedings. |
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godged
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This will vary by state. In a community property state, the ownership of the house will be considered 50/50, but a good attorney can find ways around that. If it is not a community property state (which Oregon is NOT), the house belongs to the husband.
In Oregon, you would be tenants in common in the residence.
If you are on the deed (aka title), you own half the house whether it is a community property state or not. |
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The Consultant
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it have to depend if the agreement is made on 'tenancy in common' or tenants in equal share, as this case is in husband and wife most prolly it will be tenants in common. meaning they share 4 unities of time, share, possession and value. which if the husband pass away the full share will below to the wife. |
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boatwoman
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Just because he is paying for it, doesn't mean her name shouldn't be on it. If they divorce the house goes to the person making the majority of the payment, which is usually the husband. Been there done that, that was 8 years ago and the law had just changed. |
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latin_runner
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what ever you own before the marriage is yours, if u have the money to pay for the whole house before marriage and you buy the house with that money then its your house, but if your married then buy the house it is community property meaning shared unless she doesnt want half or its value then its yours but chances are she'll want her share just to be a ***** |
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Mr.Deeds
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prety sure the house goes to one person, but the two work it out in advance.. for example. ok you get the entire house, but ill get an extra $___ |
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kat
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yes they still get 50/50
if they divorice and the wife wants the house she pays the husband for his half and keeps it |
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Ellie belly
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I know there is something that has to do with joint ownership. Don't let anything like this cause a divorce. |
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raysmithson1
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put your name on the deed it's half yours even if he buys it... |
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A W
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If you are going into a marriage already looking at what would happen in case of divorce, then you should rethink getting married at all.
When you get married and buy a house, ownership is determined by who's name is on the mortgage and the title.
If a couple were to divorce, how it is split is determined by what you and/or your attorney's negotiate. |
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Cecilia L
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it all depends on whose name is on the ownership papers. kind of like with apartments, you have to make sure your name is on the lease so your roomie cant kick you out. but with houses, it all depends on whose name the house is in. if they divorce, the house would go to whoevers name the house is in, unless the other person tells you you can have the house. and yes, the man and woman should both have their names on the paper |
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mlk_maid
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State to state the laws are different. If he puts your name on it, then it is half yours. |
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AHS
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it depends......
1) the man may have her sign a pre-nuptial agreement..
2) the woman may file for the house and win it in court when they fight it in court.
3) if they have kids and shee plees for the house..chances are she will get it for sure.
4) courts usually go in the womans favor IF they have a strong case but other than that the man can come out with the house because he paid for it in full. |
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Alterfemego
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Depends. If he buys, but her name is not on deed/title then he owns it. If they marry, then it becomes 50/50. And vis versa . It is the same with credit issues as well. |
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RedPersianKitty
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You need to consult a real estate attorney. |
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lorijotx
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When the house is bought, both names should be on it. If not, doesn't matter, it was aquired after the marriage so it is community property (it is a community property state, right?). I would be surprised if the bankclosing company didn't have both names on it. |
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Rromabella
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I believe it varies depending on state, as most laws do. That said, I am pretty sure all assets are divided and the assets not agreed upon are liquidated and then divided. I would absolutely insist your name be on the title. To be completely certain I would just open up your trusty Yellow Pages and select an attorney that offers a free over the phone consultation. They'll tell you anything you need to know, within reason, with the hopes of soliciting future business. |
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cookie
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just talk it over |
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MKM
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Yes. When you enter into marriage, it is a joint agreement. Everything is jointly owned. |
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