Results 1 to 2 of 2
  1. #1
    Join Date
    Sep 2016
    Posts
    13,916

    Default What are Your Rights if Your Spouse is the Only Person on the Mortgage

    If you are having problems with your spouse, but he is the only person named on the mortgage for your home, what are your rights? Can you still seek half of the value of the house? Can your husband lock you out or evict you?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What are Your Rights if Your Spouse is the Only Person on the Mortgage

    In a divorce case, once the case is filed, either spouse may petition the divorce court for exclusive possession of the marital home. Unless such an order is granted, neither should be locking the other out of the marital home. (Read this.)

    For the home itself, being the sole person on the mortgage does not of itself affect how the home is treated in divorce. There, the operative issue is whether both spouses are on the deed, and whether one of the spouses is trying to contend that the home is their separate property -- a home they owned before marriage, or that they individually received as a gift or inheritance during the marriage. If your spouse makes such a claim, it is important to have the situation reviewed by a competent family lawyer for analysis and advice.

    1. Sponsored Links
       

Similar Threads

  1. Grounds for Eviction: Can You Evict a Person Who Cosigned the Mortgage
    By candace1985 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 01-01-2016, 11:15 AM
  2. Foreclosure: Is a Spouse Liable for a Mortgage in the Other Spouse's Name
    By tom24 in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 02-24-2010, 08:59 PM
  3. Foreclosure: Effects of Foreclosure or Short Sale on a Person Not on the Mortgage but on Title
    By allisonp in forum Buying, Selling and Conveying Real Estate
    Replies: 1
    Last Post: 07-31-2009, 10:42 AM
  4. Mortgages: What Should I Do if One Person Does Not Pay Mortgage
    By frustrated2009 in forum Buying, Selling and Conveying Real Estate
    Replies: 9
    Last Post: 02-08-2009, 08:21 AM
  5. Mortgages: How Do I Get Out Of A Two Person Mortgage in Ohio
    By deadhead__21 in forum Buying, Selling and Conveying Real Estate
    Replies: 3
    Last Post: 04-27-2007, 12:10 PM
 
 
Sponsored Links

Legal Help, Information and Resources