Ask Me Help Desk - Marital home

Marital home

I live in TN and I got remarried 2 1/2 years ago and I have 5 children from my first marriage and they live with us. My husband and I bought a home 2 years ago and the mortgage is in his name but, I'm listed on the deed. He is retired military and I'm a homemaker and unfortunately we are unable to make our marriage work. We have agreed that I should remain in the home and pay the mortgage. Right now he is agreeable to this but I want to know if we divorce I can stay in the marital home. He is moving out but I want to make sure that my children will not be homeless if he changes his mind

If you are on the deed, then you own a share of the home. The home has to be disposed of according to a divorce settlement. So he just can't change his mind.

Quote:

Originally Posted by WorriedMom88

I live in TN and I got remarried 2 1/2 years ago and I have 5 children from my first marriage and they live with us. My husband and I bought a home 2 years ago and the mortgage is in his name but, I'm listed on the deed. He is retired military and I'm a homemaker and unfortunately we are unable to make our marriage work. We have agreed that I should remain in the home and pay the mortgage. Right now he is agreeable to this but I want to know if we divorce I can stay in the marital home. He is moving out but I want to make sure that my children will not be homeless if he changes his mind

It depends on what you and your husband agree to AND what the Court orders. There is no "simple" answer. He was foolish if he is solely responsible for the mortgage but you are a co-owner (on the Deed).

Yes, you can stay in the home - you are co-owners. These situations can be a legal nightmare because, in theory, one of you has to buy the other person out.

Quote:

Originally Posted by JudyKayTee

It depends on what you and your husband agree to AND what the Court orders. There is no "simple" answer. He was foolish if he is solely responsible for the mortgage but you are a co-owner (on the Deed).

Yes, you can stay in the home - you are co-owners. These situations can be a legal nightmare because, in theory, one of you has to buy the other person out.

The reason he agreed to this in the first place is I rented this home before he moved in and then we bought it. Also, I have 3 minor children that he did not want to disrupt their lives.

I thank you both for the answers it helps to relieve some of the stress for me to know that I have options.

Quote:

Originally Posted by WorriedMom88

... My husband and I bought a home 2 years ago and the mortgage is in his name but, I'm listed on the deed. ...

How did that happen? I find it very difficult that the lender would have agreed to this arrangement.

So in TN, you and he get an attorney, write all of this down, in a divorce agreemeng, sign it and file it with the court.

See no reason the judge will not agree. Husband can change mind anytime before the judge signs it.

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Originally Posted by Fr_Chuck

So in TN, you and he get an attorney, write all of tihs down, in a divorce agreemeng, sign it and file it with the court.

See no reason the judge will not agree. Husband can change mind anytime before the judge signs it.

I'm trying to get him to sign a separation agreement at this time because he wants to work on the marriage before going straight to a divorce. My problem is he does not want to put anything into writing one moment and the next he is willing to sign a separation agreement.

Quote:

Originally Posted by WorriedMom88

I'm trying to get him to sign a separation agreement at this time because he wants to work on the marriage before going straight to a divorce. My problem is he does not want to put anything into writing one moment and the next he is willing to sign a separation agreement.

Not unusual - and if the agreement is prepared by the two of you without researching the law and your individual "rights" it is entirely possible that it will not withstand scrutiny at the time of the divorce.