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    Janine Pinosky's Avatar
    Janine Pinosky Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 28, 2009, 02:40 PM
    Divorce and My Name Not On Deed/Mortgage
    When my husband purchased our condo I assumed that my name was on the deed/mortgage. Upon looking through the paper work I found that it was not, and that it also stated that my husband was an unmarried man. He keeps telling me that it doesn't matter and should he pass it will automatically go to me. I am planning to get a divorce the end of this year and want to know it I have any legal rights to the property? It is the only thing that will be an issue in the divorce since we have no children. It will be ten years in October that we have been married, we live in Arizona but were married in California. Do I need to get my name put on the deed/mortgage before I begin the divorce proceedings?

    Thank You,
    Janine
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 28, 2009, 02:46 PM

    In the divorce they should do a division of property. Prove that the house was a marital house, date he bought it and date you were married.
    You shouldn't need to get your name added it is marital asset.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Jul 28, 2009, 04:56 PM

    It will make it a harder fight in court, but obviously he had this planned.

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