do i have rights to the house

What is the name of your state?california
Me and my husband bought a house together before we were married but my name did not go on the paperwork because my credit was not that good. Me and my kids have always lived there with him and I have always contributed to the payments. Am I entitled to half of the house when we divorce?

[JLTiger]

California
...but I am a Mortgage Underwriter for a national bank. As far as I know, you do have rights to your home. Just because you are not on title, deed, or the mortgage note, does not mean you do not have ownership.

I know this isn't the exact answer you were looking for, but hopefully this helps some. Good luck...

[JETX]

Originally Posted by dmunday

Am I entitled to half of the house when we divorce?

Your post says that you bought this house BEFORE you were married, so any individual ownership would NOT be subject to community property distribution. However, your post is also not clear on the EXACT title of the property (only that your "name did not go on the paperwork"). Does that mean it is not on the title or mortgage or both?? If not on the mortgage, no problem. If not on the title, that WOULD be a problem.

If your name is on the title, then you would own half of the property, even pre-marital. However, if your name is not on the title at all, then the property would very likely be solely his.

However, you are likely entitled to some equity. Whether that will be half, or more or less, would require a full review of the facts.

From a California divorce website:
CALIFORNIA PROPERTY DISTRIBUTION: California is a "community property" state. Any jointly-held property is presumed to be "community" property, unless it is clearly stated in a deed or written agreement that the property is "separate" property. Unless the spouses agree otherwise, all community and quasi-community property is divided equally between the spouses. If economic circumstances warrant, however, the court may award any asset to one spouse on such conditions as it feels proper to provide for a substantially equal distribution of property. In addition, if one of the spouse's has deliberately misappropriated community property, the court may make an unequal division of the community property. Marital contributions to the education and training of the other spouse that substantially increases or enhances the other spouse's earning capacity are reimbursable to the community property. Each spouse shall be responsible for the following debts: (1) those incurred prior to marriage, (2) any separate debts during the marriage that were not incurred to benefit the community (marriage), (3) their equitable share of any community debts made during the marriage, and (4) any debts incurred after separation and before dissolution of marriage if the debts were for non-necessities and an equitable share of debts incurred during this period if the debts were for necessities. [Annotated California Code; Sections 2581, 2601, 2602, 2620, 2621, 2623, 2625, and 2641].

[nextwife]

CA is a community property state. Generally, what was brought into the marriage is sperate propety, but income generated by either DURING the marriage belongs to both.

[url]http://www.cyberstation.net/~paralegal/calif.htm[/url]

"DIVIDING PROPERTY and DEBTS:

In every divorce, you have to divide your marital community 'estate'- your property and your debts. CA is a community property state which is defined as: all property, income, debts earned or acquired by either spouse during the marriage, belongs equally to both spouses - regardless of which spouse actually earned the income, acquired the property or made the debt.

Generally, property and debts you or your spouse had before the marriage are separate property and separate debts. Both spouses are responsible for the debts incurred by either spouse between the date you married and the date you separated. Property, debts, and income of either spouse acquired after your separation date are their own separate property . In general, you are not liable for the debts of your spouse after the date of separation BUT, you can be liable for the debts of your spouse or your children, after the date of separation, IF those debts are for "common necessities of life" such as shelter, clothing, food and medical costs UNLESS your spouse has signed a waiver of support.

Even after you separate, you are still liable for accounts that are in both of your names. Simply having your name removed from the account will not relieve you of liability for the account."



I would presume that, while your name is not on title, and the house is premarital property, you would be entitled to half the EQUITY acquired during the marriage, as marital funds were used to make the payments.