I plan on retaining an attorney as soon as I get the funds, but in the meantime, I have questions! We have been married for 4 years, together for a total of 12 years. First thing is our home. We bought it from his mother, no contract-just verbal. My husband took out a mortage on it and my name is not on the deed or the mortgage. (the "mortgage money" did not go towards the home to fix it as it was supposed to-it went towards Harley he wanted)
I do not want to move out of the house because I feel it would cause chaos and stress to move in my son's life, this is the only place we have lived and he would be leaving behind all his friends. (he is 9 years old) So what is the scoop on that, I have heard that it is illegal that my name in not on the deed or mortage (just his and his mother) since we were married when "he" bought the house. I have paid all the utility bills (they are in my name) and some of the payments to his mother. Do I have a leg to stand on as far as the house goes? The second question I have is during our marriage, he has accumulated many guitars (some I paid for) would that be considered community property?

Fr_Chuck

first no it is not illegal not to put your name on a deed, as a married couple my wife and I often invest in various properties only deeded in one or the other name. To protect certain assests.

next unless you live in a comunity property state then items you own are not community property. So the state you live in.

but most courts do view property bought while married as jointly owned reqardless of whose names is on the deed, So a divorce attorney can merley sue for 1/2 interest in the home regardless of any names on the deed.

But do expect his mother to claim the house is stll hers and his name put on only to transfer ownership when she dies, ( yes people lie in divorce court)

next all the property you and he own can be divided and asked for, that is what divorce is all about plus child support payments and more.

s_cianci

Talk to an attorney. Your name should certainly be on the deed since you bought the house jointly. The guitars may well be considered community property, especially if you can prove that you paid for some of them.

birdie74

Thank you for your answers!