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  1. #1
    Join Date
    Sep 2016
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    Default Is Your Spouse Entitled to Part of a Home You Purchased During Marriage

    During their marriage, an Illinois man purchased a home using a V.A. loan, and the loan and home were in his name alone. The home then became the couple's marital home.

    Now that they're divorcing, can the wife claim a share of the home?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Is Your Spouse Entitled to Part of a Home You Purchase During Marriage

    The home was acquired during marriage, and thus is presumptively a marital asset, such that the wife is entitled to a share of the equity.

    While there may be additional facts that could allow the husband to claim that the home is separate property, none are raised in the question and it's unlikely under the circumstances. For an evaluation of possible additional arguments, the husband should speak to his divorce lawyer.

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