Skip to main content

He owns the house and I have been living with him for 5 years and married 2, is the house considered marital property?

Hardwick, MA |

I would like to know that if my husband and i should divorce, would I have to move out or would he? I have helped him maintain the household since we have been together. we have a new car that we both just bought and I couldnt afford to pay all of the bills we have just on my income alone, about 5 months ago I went to part time for reasons that we both agreed on and he has become the main source of income for our family, what are my rights if I have any at all? I am worried about being left with nothing once we divorce.

Regards

+ Read More

Attorney answers 3

Posted

Unless there was a pre marital agreement, the house would certainly be considered a marital asset. Regardless of whose name is one the home, it would still be a marital asset. The determination of who would move out or stay in the home would ultimately be determined by a judge based on all of the circumstances, one of which might be who would ultimately end up living in the home permanently. The determination of who would need to leave the home could take many months. In mediation, the two of you could determine, amicably, what would make most sense. If you had a jointly agreed to reduce your income, that would certainly be an issue in determining the amount and length of time of alimony. You would certainly not be left with "nothing" in a divorce.

This answer is not intended to provide legal advice or to create an attorney client relationship. Tracy Fischer is a certified divorce mediator and attorney with offices in Newton and Danvers MA.

Asker

Posted

Thank you. I appreciate what you had to say regarding my question. I found it to be very helpful and it certainly made me feel much better than I have been no knowing anything.

Asker

Posted

i don't think this is correct advice.. property acquire before marriage are separate from communal property .. this apply to most state

Posted

Based on this question and your previous question I would urge you to confer with a domestic relations attorney who can ferret out an objective perspective of your specific situation. Most attorneys will be happy to speak to without charge, at leased initalially. You are leaving out substantial and important portions of your story and because of it you are getting very general answers that may or may not apply to you.

The fact that you have children will have a big impact on what occurs in your divorce, yet you didn’t mention it before. The house remaining in your husband’s name will be a point of continuing contention. Any other assets that you may have and have not mentioned can also have a huge impact of what happens to the house and who will live there. What type of employment you gave up and your potential earning compared to the earnings of your husband and the conduct of the parties can skew a judge’s perspective.

It is obvious that you are looking for simple straight forward answers, perhaps to relieve the stress of ambivalence, but you need real answers geared to your future. This is not the form for you.

This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

Asker

Posted

Thank you for your honesty. I have been very straight forward with my questions, My son isnt our son together so I didnt feel I needed to mention that. I was only mentioning the things I felt would need to be on the table. assets that I feel should be divided 50/50 because I have been in this home for 5 years I feel it iis my home just as much his even though my name isnt on the deed.

Philip W. Mason

Philip W. Mason

Posted

I’m being critical and I understand the emotional stress you are under. But for an attorney to give a meaningful opinion on your divorce action he need information – You are deciding what information is important to the issue when that is the attorney’s job. He will tell you if it is pertinent or not – without that he can make critical errors in his prosecution of the matter, and you will pay the price. Let the attorney do his job and you will be better informed and represented and have a better chance to have you rights recognized. But, the level detail an attorney would need to give you a full answer, a true legal opinion, are not appropriate to this public forum. It will cost you nothing to confer with an attorney and you will find more peace of mind in a competent opinion based on your specifics than the general hypothetical answer you will get here. Your situation is too complex to describe here and too private for such a public presentation. Good luck – I think you will do well, but you resolution will not be formulistic.

Asker

Posted

Thank you very much. I agree with you, I would like to thank you sincerely for taking the time to read my questions and answering them with such honesty. You are very honest and knowledgable about these things, I am very thankful for your advice. Regards

Posted

Hello,

The house was owned by your husband before the marriage and you were only married for 2 years. Therefore, it would likely not be part of the property division in a divorce. The court have a lot of leeway in dividing property however. Sometimes an arrangement can be negotiated involving less child support or alimony in return for a highter percentage of the property division.
The fact you helped "maintain" the house does not help much in a property division.

Legal disclaimer: The above answer is not legal advice and does not create an attorney-client relationship.

Asker

Posted

i agreed wt you more then the first attorney ..

Asker

Posted

he would not pay child support because the child is not his and a 2 year marriage, as far as I understand, alimony isnt a guaranteed thing, so cant count on that for income.

Asker

Posted

how you explain that someone have to pay child support if the kids is not his.. and how his house became hers when he buy it way before the marriage ..

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer