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Katherine M
i want a divorce i owned my home before marriage 6 years married 3 can he take my home?

Additional Details
no his name is not on the deed. and we live in a 50/50 state, also i have two children residing in the home under 18



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Johnny
it's part of the marital estate

50/50 split unless there's a pre-nup talk to your lawyer

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MJ
Rating
If there was no pre nup then it is a possibility.

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due 12/10/09
Rating
is his name on the deed to the house? your best bet is to talk to a lawyer.

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LeeH
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If you contributed community money to the mortgage during your marriage he will be entitled to some of that back.

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Stef
no he cant take wats urs

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opinionated
probly depends on where u live..may need to pay him the share of equety in the house for the time you were married

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Charlotte
Rating
First was there a pre-nup, are there children in volved? I would call a lawyer if you don't have one and ask them this question they should be able to answer for you or give a lil advise its worth a shot!!!! I wouldn't think he could just take it if you owned your home before you were married. I was always told your spouse and you have to share what ever you get while being married! could be wrong but Id chk into it. Good Luck!

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Robinoshawa
Where I live, he is entitled to 50% of any increase in value of the home during the period you lived together. Can get hard to prove. You need a lawyer's help if he comes after any part of the house. If you have a real estate agent as a friend, he might be able to help find an appraiser that can give credible affidavit stating value of home on date of marriage and current market value assessment.

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Kimberly
Are you still in the home that you owned before you were married? If so, then you should be able to keep the house. If it was yours before marriage it is normally yours after as well.

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burke48186
poor kids

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lil_britches2003
Rating
If you owned it before him, then he cannot take it. Most divorces you get to take everything you brought into the marriage. It's the things you buy together you fight over.

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oh_jo123
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the worst possible scenerio is he would get half but since it is not in his name then he should get NOTHING

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Blessed
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I don't know where you stay...but if you have property before the marriage it can't be touched as long as the other persons name was not added on the deed.

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lorisam7879
From my understanding, he does have rights to the house no matter if he's on the deed or not. It became marital property when you two married, unless you had a pre-nuptual agreement (that would've protected the house)
Community property states split all assets 50/50 upon divorce, all other states require assets and debts be split fairly. Its quite possible he will receive half the house.

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i_ate_sponge_bob
By rights no because you owned the house before you were married. Usually its only a split of assets you get during the marriage that are split 50/50.

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kathyw
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You say you want a divorce. OK, have you talked to a lawyer yet? Do you realize that the way your divorce turns out depends on how you pick your legal representation and how soon you are there in the office with your lawyer discussing this very type of question? It may end up that once you understand that the lawyer is going to cost you some money, you have some legal protections but maybe not the ones you think you have, and you actually have to commit to paying the lawyer and depending on his good judgment, you may not want a divorce after all.
The lawyer may tell you that in order to divvy up the property, your best bet might be to sell the home, split the proceeds and both of you move on. Do you know if you can do that and find a decent place to live? Can you get a good price for the house? Two children residing in the home may have some bearing on matters but then again, your husband may end up paying child support and it all evens out anyway.
Is it going to be painful? Yes. Do you think you can do this 'on the cheap'? Think again. You need the best representation you can afford once you decide this is what you really want.
A cheaper alternative is marriage counseling. Sit down with pen and paper and figure out the costs. Emotional and dollar costs. Good luck with whatever you decide.

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Nort
Talk to a lawyer before you even say anything.
He will answer your questions and maybe give you advice.
Good luck

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iyamacog
Rating
He can specify in the decree what he wants. And you can as well. It's a matter of what you each agree to. Is he on the mortgage? He could request the sale, and split the profits now, or when all the children reach legal age. Or he can request that you buy him out. This could be an extended battle. At any rate your attny should be advising you of your best options. Insist that you need & want the home....and able to make that mortgage payment.

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msverychocolate
NO HE CAN'T TAKE A DARN THING IF YOU ALREADY HAD THE HOUSE BEFORE YOU MARRIAGE HIM!!

GOOD LUCK

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Legandivori
Rating
It is yours, but I'd speak to a lawyer in your state who specializes in divorce and real estate/property issues.

Go to googl;e and type in Free Advice

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Just BN Me
Rating
When you get married, EVERYTHING becomes communal property no matter who bought it. So yes, he can ASK for the house but it doesnt mean that he will get it. These are the decisions that will be made during the divorce process. Same with furniture and other items that you have. So think about EVERYTHING you want because you will make a list and then he will make a list. The "fight" comes in when you two can't agree on the lists. This is why divorces can last months and years becaue people are fighting over things in court.

When you meet with your lawyer, they should go over all this with you as it relates to your State.

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waiting for baby
Rating
talk to a lawyer

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Betty M
Women if you have anything before you get married that you don't want to lose in a divorce. Please get a pre-nup before you get married.

There is a chance he might get half of what the house is worth. But the judge might side in with you. Before you file for a divorce, talk with a lawyer and find out exactly where you stand in this divorce.

Next time, no matter how much you love a man and feel you can trust him, never marry him unless he signs a pre-nup agreement.

My sister had her own home, furniture, sports car, etc... before getting married. The man she married had nothing! Seven years after marrying him, she wanted a divorce, but her lawyer told her, because she never had him sign a pre-nup agreement, she would have to give him half of everything she had and because she made twice as much money as he did, she would have to pay him alimony.

She didn't want to lose half of everything she had worked so hard to buy and decided it was cheaper to keep him.

Spend the money to talk to a lawyer, before you do anything.

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Fergy
I doubt it but most of us here are not lawyers. You want a divorce, so I imagine that when you retain a lawyer you will find out for sure. I hope that he can't take it or even half of it. It just wouldn't seem fair at all. That is your place and your kids place to live. Not his. I wish you the best.

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bro
Rating
the answer is no, because if he dint pay for the house he has no right to take half.
but u would have to ur lawyer and explain him the situation.

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Kim
As long as you didn't put his name on anything as far as the deed, you should be fine. It was yours before the marriage. Best to consult a lawyer in your area to be sure though.

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Blue Haired Old Lady
Rating
He could, but if you get a lawyer and file first you have the upper hand. Go talk to a lawyer and find out the laws where you live. Good luck.

I divorced my husband, I had owned a home 2 years before he came along, and we were together 16. I kept the home. I paid him some money for his 16 year contribution, but in the end I still have the home.

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Cham
There are many determining factors in deciding how to separate the homestead. If he has invested money into the home, then he can be reimbursed for that money.

All property is considered community property until through clear and convincing evidence, it's proven otherwise.

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!!!!What???
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It's a possiblity but that will depend on how ugly he gets and the lawyers and the judge.

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