Who Gets the House in a Divorce? | Porchlight Legal

[@porchlightlegal5253]

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[@ChanceSanders]

It should a requirement for everyone to watch these videos prior to getting married.

[@porchlightlegal5253]

Glad you found it helpful.

[@ChrisPaul-jq9qh]

Get the solution dear 😘

[@matter1196]

I no longer live in GA but I’m learning a lot of information! Great series.

[@angie-gz4yg]

I've watched several of your videos and you have the most informative info. Wish you were my divorce attorney

[@porchlightlegal5253]

Happy to hear you've found the videos helpful!

[@jeanne819]

I got the house, high mortgage and high taxes in NY divorce and made it work for years until I paid it off in my 60s! My ex was on my Bank of America mortgage for a few years after divorce and I never refinanced it into my name. During the divorce, he caused us a close foreclosure as he lived in it with me until protection order and intentionally stopped making the mortgage payments. So he brought our credit scores to an all time low and would always tell me I made him happy as increasing his credit score after divorce which brought him much joy. Not me of course as I needed to close the doors to him.

[@porchlightlegal5253]

We're glad you were able to get through the divorce process and get the space you needed from your ex!

[@jeanne819]

@@porchlightlegal5253 thank you !

[@texan903]

What if the house I own before marriage is paid by a separate account using VA disability compensation benefits? Is the asset divisible in a divorce?

[@porchlightlegal5253]

We cannot provide legal advice on KZbin. If you believe your home is separate property, you should have an attorney assist with your case to analyze the evidence and effectively present the separate property claim.

[@enockchery777]

If the loan is under the name of the spouse but both have signed the deed, how is the property division going to be done?

[@porchlightlegal5253]

Property acquired during the marriage is considered marital property for purposes of division, regardless of whose name is on the mortgage. Several other factors may apply to property division, including whether one party wants to keep the house. An attorney can help determine property division specific to your situation.

[@zigg7166]

Do I have to have an attorney to buy my spouse out of the house if my name is the only one on the mortgage account?

[@porchlightlegal5253]

@@zigg7166 Whether you need to buyout your spouse from the marital home generally depends on the overall division of the marital estate, not just whose name is on the mortgage. While you aren't required to have an attorney for your divorce, an attorney can guide you through your options.

[@djba]

Thanks for a helpful series. My daughter is facing an uncontested divorce. She would like to stay in the house if she can afford it. Is there a reason that she might want to refinance the house before the divorce rather than after?

[@porchlightlegal5253]

When your daughter should refinance depends on the facts of her case. She should talk to her lawyer and mortgage broker to make sure the timing makes sense. We hope she is able to keep the house like she wants

[@preetlyons8018]

If the wife name's doesn't in the property. Is it possible to come for her to get any portion from the property?

[@porchlightlegal5253]

Generally, property acquired during a marriage is marital, (though there are a few exceptions) even if it is only titled in one party's name. Either party can seek to have marital property divided in the divorce.

[@donkeykong1234]

have you heard of the person not keeping the house receiving payments for his or her equity of the house? i'm not interested in moving and not sure my credit is good enough to even get a loan or mortgage.

[@porchlightlegal5253]

We can't give legal advice about your case on social media, but it is possible for one party to buyout the other party's interest in the marital home. You will have a lot more control over the terms if you reach an agreement with your spouse rather than letting a judge decide.

[@canton7180]

Scenario, man bought the house 15 years prior to marriage, marriage length is 3 years, title is attached to man, spouse is entitled to half of the equity acquired during those 3 years?, second part is the man’s pension and Ira which was contributed to and stopped contribution prior to marriage, is the wife entitled to any of these assets?

[@porchlightlegal5253]

We can't give you specific legal advice in the comments section, but we'd be happy to help you sort out the marital and separate assets. You can call our office at 678-435-9069 for help.

[@basicprogrammer6147]

A buyout over time? So, one spouse could pay the other spouse a little bit each year until the home is sold and the proceeds split.

[@porchlightlegal5253]

While the marital home technically could be divided using a buyout over time, this is generally not a good solution. A buyout over time significantly delays one spouse's access to their share of the marital assets and often impairs their ability to purchase a new home, especially if their name is still on the mortgage for the marital home.

[@f50koenigg]

Are you saying its better to own a house before marriage?

[@porchlightlegal5253]

You may have a separate property claim if you owned the house before marriage. However, a house purchased before marriage often becomes part marital property upon divorce, depending on how it was managed during the marriage.

[@basicprogrammer6147]

Can a judge force the sale of the home if neither party wishes to sell or move out? To illustrate: Even in acrimonious divorces, the wife could live on the second floor, and the husband could live in the basement. Furthermore, there is a child who is almost 16 who would suffer if he had to change schools. So, a judge would not want a sale to happen.

[@porchlightlegal5253]

The judge can issue a ruling that neither party agrees with, including on the sale of the house. However, the parties can negotiate a settlement agreement, especially if they agree on a creative solution. The judge will usually accept the parties' settlement agreement.

[@basicprogrammer6147]

@@porchlightlegal5253 Yes, but I really don't understand how a judge can hear both parties say they do not want to sell or move out, but demand the house sold anyway. It seems childish. I understand what you're saying, though: the judge will most certainly want the parties to come to an agreement.

[@Don-rz6jq]

My sisters getting a divorce. Husband walks out and never returns; restraining order against him ; but I own the mobile home they have lived in for the previous 7 years and they own the property. So does the court make me sell the mobile home .?

[@porchlightlegal5253]

If the land or property is marital, the family court judge may make decisions about the land or property as part of the divorce. However, an attorney who specializes in real estate law could help you determine your rights as the owner of the mobile home and avoid complications with the divorce.

[@legacylifefinancialgroup4832]

What if you have a home you inherited before you meet the person. You never lived in it but you did take an equity loan to fix the home up. It’s a second home the parents live in

[@porchlightlegal5253]

Property acquired before marriage might become partially marital, meaning your spouse might have a claim to it, if marital funds were used to build equity, including through home improvements. Any tenants living in the home at the time of the divorce may also have rights to the property. We recommend working with an attorney to discuss the specifics of your case.

[@carstuff001]

What if the husband had a house prior to the marriage. Then sells the house and buys another house cash while married. The price of the new house was purchased with the equity the husband had prior to the marriage. The new house is in the husband's name. The spouse didn't work during the time of marriage.

[@porchlightlegal5253]

We recommend you talk to an attorney about the specifics of your case. Most houses purchased prior to a marriage become a comingled asset (meaning part pre-marital property and part marital property) when the monthly mortgage is paid with income earned during the marriage. It is best to discuss the specifics of your situation, including how the house and any other assets and debts may be handled, with an attorney.

[@belalhosensarder7277]

Like you🌹🌹

[@tandisamena2481]

If I want to buy my husband out but we still owe the bank a balance what happens

[@porchlightlegal5253]

Most people use a cash out refinance to buy out their spouse from the equity and remove their spouse's name from the mortgage. We recommend you talk to an attorney about the specifics of your case to see if that makes sense as part of your overall settlement.

[@Overtonl1234]

We didn’t have a house at least that I knew of but now I question everything