my name isn’t on the house because of my credit. now that we have closed on the house she wants a divorse after 14 years. can i force a sell?
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my name isn’t on the house because of my credit. now that we have closed on the house she wants a divorse after 14 years. can i force a sell?
Asked on June 18, 2009 under Family Law, Illinois
Answers:
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
It is not the name on the title but the nature of the property that makes it either "non-marital" or "marital" property. The house would probably be considered "marital" property since it is acquired during your marriage.
Marital property, in a divorce, will be equally and fairly distributed as determined by the court (or by mutual agreement of the parties). The court could rule that the house be sold and the proceeds divided equally between you and your wife. But that is up to the judge.
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