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What do you want? Have you filed for divorce? If neither of you have previously filed for legal separation or divorce, then yes, she can try to come back, file for divorce and take the house. Can she succeed? Depends on how good your proof and lawyers are compared to her "proof" and lawyers. At least get a consult from your local Bar Association. Most of the time they will give you a referral free or at a reduced rate. Hope it all works out for you.
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Originally Posted by pc_lady
I question where you get your legal info on this and other threads. No, the wife cannot come back and "take the house." It depends on many factors. The Court will take into consideration: where did the money for the downpayment come from; who has made the payments; who has paid the taxes; who has done the upkeep; did the house increase or decrease in value; does one party want to buy the other party out.
This is a marriage with no children. Apparently both parties are self supporting.
Can one "take" the house from the other? No. Can they negotiate an agreement as to value and division of the proceeds? Yes. Will the Court make a determination if they cannot agree? Yes.
Which brings us to the question of why OP chooses to live, responsible for his wife's debts in some circumstances, separate and apart from her.
OP needs to consult with an Attorney - and none offer free consultations in MY area.
Where is the original post/ question in this thread?
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Originally Posted by AK lawyer
Missing! As I recall wife abandoned husband and jointly-owned house a year ago, moved to another State, has now announced she is coming back to "get" the house. Can she do that?
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