How long does he have to buy me out of our home.
My husband and I have been separated for two years. He is still in our home and I have helped with the mortgage and done yard work and a lot of this inside work and we were hoping to get back together. We separated because of his drinking. We refinanced years ago and my name was left off. We have been together for 34 years. We bought the house together. I am going to file for divorce. He doesn't want to sell. The house will be paid off next month. How long does he have to buy me out and should I be worried that my name is not on it.
If the house was purchased during your marriage and paid for using income earned by you or your husband or both of you during marriage, then a legal presumption arises that the house is community property and that you both have an equal interest in any equity that has accrued since the date on which the house was purchased, regardless of whose named the house is titled in. There are factors that could change this, but you have not provided enough information in your inquiry for me to consider whether these other factors might be applicable. For example, if any separate property -- like inheritance funds -- were used to pay for the house in some way, this factor might change whether you and your husband are entitled to share the equity equally. As far as how much time your husband has to pay you the equity, that is negotiable. However, it will be in your best interest to receive these funds sooner rather than later. Therefore, if your husband can refinance the house and pay you your share of the equity at the time of divorce or if he has the cash to do so, this would be best. I suggest that you consult with an attorney to ensure that you get the equity in the house that's rightfully due to you and that you get these funds sooner rather than later.
How much of the house will be considered community property is not nearly as simple as has been suggested. Idaho case law has established the general rule that ownership of real property is determined by the name on the deed. There may be an exception available that depends on documenttion at the time of refinancing, and there certainly will be a reimbursement claim on the part of the community for the use of community funds to pay off the mortgage This is not at all a DIY project, and the sooner local experienced divorce counsel is retained, the more favorable, expeditious, and less costly will be the outcome.
This general information about the law and legal procedure is offered as a public service, and not intended as legal advice in this or any other case.