Do I have a right to ask for the house in my divorce?

[beverly_63650]

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

My husband and I have only been married for almost two years , after living together for about four years. After we married , he added my name and his oldest sons name to the house title. Do I have a right to the house in the divorce, or at least the right to ask that he sell the house and divide the money between the three of us?

 

[CourtClerk]

Is there even any equity in the house?

 

[Just Blue]

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

My husband and I have only been married for almost two years , after living together for about four years. After we married , he added my name and his oldest sons name to the house title. Do I have a right to the house in the divorce, or at least the right to ask that he sell the house and divide the money between the three of us?

Why would you think this??

Per your post you have had 1/3 rights to this home for LESS than 2 years...How much did the house appreceiate... from the time you first had rights to the time you/he file for divorce??

Clue: whatever it was...You get a third.

 

[ecmst12]

If he lived in the house before you were married, the chances of you being awarded the right to live in it after divorce are nil (unless he agrees).

Same with selling it.

 

[Ohiogal]

She can't get the house in the divorce for the simple reason that the oldest son is NOT a party to the divorce. She is entitled to, and could possibly get, 1/2 of the equity of the marital partners in the home quite frankly (and that would be approximately 1/3 of the overall equity) -- And that is based on the house being titled with the three of them as JTWRS. If they are tenants in common/entirety that answer could change depending on what the deed states. She won't get the house however in the divorce. It would take winning a partition suit for her to get the house. So what does the deed state?

 

[Ohiogal]

Why would you think this??

Per your post you have had 1/3 rights to this home for LESS than 2 years...How much did the house appreceiate... from the time you first had rights to the time you/he file for divorce??

Clue: whatever it was...You get a third.

Wrong. She is on the deed. She is entitled to a portion of the overall equity -- NOT the marital equity.

 

[Ohiogal]

If he lived in the house before you were married, the chances of you being awarded the right to live in it after divorce are nil (unless he agrees).

Same with selling it.

Oh there is someone else who would have to agree:

After we married , he added my name and his oldest sons name to the house title.

And the eldest son is NOT a party to the divorce.

 

[nextwife]

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

My husband and I have only been married for almost two years , after living together for about four years. After we married , he added my name and his oldest sons name to the house title. Do I have a right to the house in the divorce, or at least the right to ask that he sell the house and divide the money between the three of us?

Are you able and willing to buy out both co-owners at fair market value and refinance them off the mortgage at the end of the divorce? If so, make them an offer and perhaps they will agree to your buyout.

 

[beverly_63650]

Thanks for the advice

Thanks to all who replied to my questions. I didn't mean to imply that I was a money hungry person or anything. I struggle with severe back and neck problems so it's been hard to find work since I left my husband. I just thought if the house and land could be sold it would really be helpful to me right now. Thanks again!