Did he trick me out of the equal right to our home?

[tqcajun]

Can he kick me out of our home????

What is the name of your state (only U.S. law)? Louisiana

Louisiana is a community property state. My husband and I purchased a home before we got married but the mortgage was put in his name only (his choice not mine). I put up the entire down payment and have contributed equally the entire time (before and during our marriage) to paying the mortgage.

If we divorce, is our house considered community property?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Louisiana

Louisiana is a community property state. My husband and I purchased a home before we got married but the mortgage was put in his name only (his choice not mine). I put up the entire the down payment and have contributed the entire time (before and after marriage) to paying the mortgage.

If we divorce, is our house considered community property?

Only that portion that accrued during the marriage would be community property. Unless of course you are on the deed.

 

[tqcajun]

Can he insist then that I (and my two children) move out of our home if we decide to divorce or can a judge be the one to decide the issue?

 

[mistoffolees]

Can he insist then that I (and my two children) move out of our home if we decide to divorce or can a judge be the one to decide the issue?

He can't throw you out of your home. He CAN ask a judge to order you to leave, though.

Make sure you talk with an attorney. If you put up the entire down payment before your marriage and can prove that, it may affect your share of the proceeds.

 

[nextwife]

Can you qualify to refinance him off the loan?

If he alone is one the loan, he alone is now legally responsible for the mortgage. If you were to keep the home, you'd need to finance him off the house.

As to who'd get what, if the value has DROPPED considerable due to the market, any prior DP may have been swallowed up in equity loss at the moment. How much EQUITY exists? NOBODY, in this market, who sells, is expecting to necessarily get back their DP. It all depends on the CURRENT amount of equity.