What are my rights regarding sale of the home and the proceeds in a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights regarding sale of the home and the proceeds in a divorce?
I’m going through a divorce and my ex and I we’re hoping to split up amicably without getting lawyer’s involved. Since we made this decision he has moved out of our home and I am living here. We agreed I would live in the property until the economy got better and we could sell the home. He bought the house 7 years ago before we were married and never put my name on the mortgage. Then 4 months ago he listed the house for sale at $149,000, and the next month he dropped the price to $94,000 without telling me. Now I’m afraid the house will be sold from out from under me.
Asked on September 21, 2011 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. Here are the issues that I see. When parties get divorced their assets are put in to two categories: marital and separate. The "problem" here is that the house was purchased prior to the marriage and on the out set will appear to be separate property. Now, that initial categorization can be changed when there is shown to be an intent for the home to be made a marital asset. Now, you say that the mortgage is not not in your name but what about the deed? The deed is indicia of ownership. And how long before you were married? Were you engaged? I would seek legal help as soon as you can. 9 times out of 10 a purchaser - their attorney or their bank - will require your signature on some document relinquishing any rights even if you are not on the deed or mortgage by the simple fact that you are married and to protect their client. Good luck.
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.