own house with divorcing couple

[sisterInTheMix]

state: Washington
I purchased a home with my brother and his wife July 2007. We have been paying for it 50/50 but all three of our names are on the title. He just called me to tell me they are getting a divorce.
I'm wondering what is going to happen. She is a very... vindictive person so I have a feeling this is going to get very ugly. What should I do? Is she entitled to part of my half of the house?

 

[seniorjudge]

Q: Is she entitled to part of my half of the house?

A: No; but you may wind up owning it with her.

 

[sisterInTheMix]

Is that is what is likely to happen? We will all still own it?
What if we want her off the title, would we have to pay her a third even though him and I have been paying 50/50?
We still owe most of what the house is worth, would she be responsible for a third of the debt?

thank you for replying and for your help

 

[LdiJ]

Is that is what is likely to happen? We will all still own it?
What if we want her off the title, would we have to pay her a third even though him and I have been paying 50/50?
We still owe most of what the house is worth, would she be responsible for a third of the debt?

thank you for replying and for your help

It depends on how the house is titled. If the three of you are joint owners, then she would be entitled to a third of the equity. If you are a 50% owner, and your brother and his wife are 50% owners, then she would be entitled to 1/4 of the equity. In either instance you and your brother would have to refinance to remove her name from the mortgage.

Or, if she would qualify, she could refinance to take both of you off the mortgage, pay out your respective shares of the equity, and become sole owner of the home...that would of course require both you and your brother to agree.

Despite what SeniorJudge suggested the odds of you ending up owning the home with just her are extremely slim. You are not a party to the case, and a judge cannot compel you to refinance the mortgage with her, and cannot really compel your brother to remain on the mortgage.