QUESTION: My husband and I built a house on some property he owned before we were married. My name is not on the deed to the property but is on the house. We have been married for 6 1/2 years, am I entitled to the house I built with him? Do I have to get out?
MY RESPONSE:
You don't have to move out if you file for divorce, but if the house is awarded to your husband in the divorce (with an appropriate equalization payment to you), you will ultimately need to move out after the divorce.
If your name is not on the property, I am curious why you think your name is on the house.
Under the circumstances that you relate, you would likely have a community interest in the house, but it would not be a 50% interest.
You would best retain an experienced Family Law Attorney to represent you in your divorce, and you may need to retain a forensic account to assist in determining your percentage of co-ownership in the property.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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