ownership

[tve]

What is the name of your state? nc

If one persons name is on the deed and bought it prior to marriage but the husbands name is on the mortgage (along with the wifes). Who ownes the house?

The wife also put down the down payment and has been paying all of the bills. Isnt she the only owner or does the husband have ownership since his name is on the mortgage?

Thanks!

[nextwife]

In most states, payments made from marital income, during a marriage, creates a marital property interest by the non-titled spouse. THis would be half the appreciation that occurred during the marriage.

[tve]

I understand that (about the marital assessts) but I am trying to gain possession of the home and my husband is not on the deed, not paying the mortgage right now and not paying any of the bills. I do not want the house to go into foreclosure and since I am the only one on the deed, doesnt that show that I am the "only" owner and therefor should be awarded possession?

Thanks!

[nextwife]

To be "awarded possession" requires a court order from a judge. In the absence, the marital home is the abode of both spouses.

Example: I am the sole party in title for our marital home. I even have a prenup aqgreeing that the place is considered separate property. That still does NOT mean that I am vested with the exclusive right of possession of OUR MARITAL HOME in the absence of any court order! Hubby has no automatic responsibility to pay a penny toward the mortgage on the home I own. If I allow it to go into FC, that is my own fault! Why would he be the one responsible to make the payments? When I took on the ownership, I also understood my responsibility toward the payments.

Ownership and right of possession are two entirely different issues. I can also OWN a rental, for example, and have ZERO right of possession.

[tve]

He changed the locks and locked me out of our home. Since we have children (joint custody), I have to wait to go to court to get possession of the house. He is staying in there with not paying anything and I am having to rent another place until I hopefully get awarded possession of the house. We go to court on Monday to have a judge decide. I just was wondering what you thought the outcome would be.

I drove by today and he had a "for rent" sign outside showing that he does not want to be there. Dont you think a judge will give me back the house that I originally bought and put 100K down on?

[nextwife]

Originally Posted by tve

He changed the locks and locked me out of our home. Since we have children (joint custody), I have to wait to go to court to get possession of the house. He is staying in there with not paying anything and I am having to rent another place until I hopefully get awarded possession of the house. We go to court on Monday to have a judge decide. I just was wondering what you thought the outcome would be.

I drove by today and he had a "for rent" sign outside showing that he does not want to be there. Dont you think a judge will give me back the house that I originally bought and put 100K down on?

Entirely possible. Especially if he has no intent to stay. I hope you took photos of his sign.

With whom are the children staying?

[tve]

Yes, we took photos today. The children stay with him for 7 days and then they come to me for 7 days. We share them every other week until we go to trail for custody.

He does not work and has been living off of me while I work (from home) and raise 2 children (ages 2 & 4). I figured since we have a rental house coming available on April 30th, and that the rent is not very much, maybe the judge will make him move to the rental and give me back possession of the house.

I know that later we will have to do equitable distribution and that is fine, I just want to get back in my house. All of the furniture is mine (from inheritance) and he is living on my things and it just aggivates me to no end.

Thanks!