Our House Legal Ownership pls Help

[yeng_lopez]

I am from California my husband bought a house i dont have a job so his mom cosigned the contract. they're names are both in the titles of the house with their speific status being married my husband and widow for his mom my question is do i have the right of ownership for the house if we sell it that the money will be divided to the three of us and can the titles can be change by adding my name if i could pay for the house

[Ohiogal]

It is 50% marital property most likely. SO what exactly are you wanting to know? Are you divorcing your husband? You could maybe get 50% of the house but quite frankly to get a 100% that would take both a divorce ruling in your favor AND a partition lawsuit which costs a LOT of money if mom and hubby and are on the deed.

[LdiJ]

Originally Posted by Ohiogal

It is 50% marital property most likely. SO what exactly are you wanting to know? Are you divorcing your husband? You could maybe get 50% of the house but quite frankly to get a 100% that would take both a divorce ruling in your favor AND a partition lawsuit which costs a LOT of money if mom and hubby and are on the deed.

I think that is going to confuse her.

The house is 50% community property, 50% his mother's property. You would therefore be entitled to 25% of the equity in the home. It would not be divided by 3.

However, whether you can afford to pay for the home or not, you could be added to the deed, which would then make it a three way split, but both he and his mother would have to agree to that, and probably wouldn't agree to it unless you and your husband are staying together.

There is almost no chance that a judge could award you the home, since his mother owns half of it.

[nextwife]

Originally Posted by LdiJ

I think that is going to confuse her.

The house is 50% community property, 50% his mother's property. You would therefore be entitled to 25% of the equity in the home. It would not be divided by 3.

However, whether you can afford to pay for the home or not, you could be added to the deed, which would then make it a three way split, but both he and his mother would have to agree to that, and probably wouldn't agree to it unless you and your husband are staying together.

There is almost no chance that a judge could award you the home, since his mother owns half of it.

I agree with this. Mom's share is NOT subject to community property division.


As to adding poster to the deed, this may or may not make it 1/3rds ownership- depends on what is done. If husband deeds her half of his interest, mom still has 50%, and she has 25, he has 25.

Until she can refi mom OFF the mortgage, she may not get mom to give up any of her interest. And were I mom, I wouldn't deed away my interest while carrying such a large responsibility for the loan.

Have you now started working? How long until you will be financable?