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123qwe · Jan 29, 2009, 05:39 AM

My husband entered into a rent to own agreement with a family member to purchase a house before we were married. This was in writing and I can get a copy of the agreement. For about 2 years before and during our marriage I made all payments on the house. We separated a year and a half ago. Six months after the separation he had the property and house deeded over in his name only. He is not trying to sell the house. Since I made payments for this house for two years including during the marriage, do I have a claim to this house? We are not divorced yet, but the house was not deeded to him until after the separation. I don't care for the house itself, but if he is selling it, I would like a return on the investment I put into it.

JudyKayTee · Jan 29, 2009, 06:45 AM

Originally Posted by 123qwe

My husband entered into a rent to own agreement with a family member to purchase a house before we were married. This was in writing and I can get a copy of the agreement. For about 2 years before and during our marriage I made all payments on the house. We separated a year and a half ago. Six months after the separation he had the property and house deeded over in his name only. He is not trying to sell the house. Since I made payments for this house for two years including during the marriage, do I have a claim to this house? We are not divorced yet, but the house was not deeded to him until after the separation. I don't care for the house itself, but if he is selling it, I would like a return on the investment I put into it.

Ws the house ever in your name? Did you actually live in it or was it an investment?

The Law depends on the State. I've seen decisions where the increased value of the property during the marriage was divided (without the need to sell). I've seen decisions where the parties had to live somewhere and paying the mortgage was simply part of that arrangement. Husband paid for the electricity but he's not entitled to those monies now; same with "rent" or mortgage payments.

Should he make any financial changes while a divorce is pending? No.

Are you legally separated?

This is otherwise a question for an Attorney familiar with ALL of the circumstances, including finances of both parties, length of marriage and so forth.

N0help4u · Jan 29, 2009, 06:46 AM

It is in his name and was his house before you were married so I think the only thing you can do is take him to court to try and recoup some of what you have receipts for. If you can prove you paid the majority of the mortgage you might be able to get a little back, but I can't guarantee what a Judge will do or what yoiur state laws say

123qwe · Jan 29, 2009, 06:57 AM

This house was our primary residence before and during the marriage. The house was never in my name since he had the house deeded to himself even though I had made almost 30% of the payments on the house. During that time when I was paying for the house, he was unemployeed. I am guessing he made the final payment.

We were buying the property from a family member of his, so everything may not have been done completely legal anyway. I found that he had bought the house when I saw it listed for sale. I did a search and found out when he acquired the deed.

We are in two different states now as well. Would I be able to do anything about it in the state I live in (not the state the house is in)?

There is a protective order in place as well. He can not contact me, but he has been told in court numerous times he can contact my attorney or the clerk of court concerning any matters that need to be discussed that concern me. He has not done this.

twinkiedooter · Jan 29, 2009, 06:58 AM

Depending on what state you are in the court can rule that yes, you are entitled to some of the monies from the home or the husband has to buy out your portion of the home. In Ohio this would be the case. In some states because he owned it prior to the marriage any contribution of yours basically doesn't count.

You need to ask this question when you are with your divorce attorney. He can answer this question and if you are entitled to any monies you contributed to the home he will make sure this is incorporated in your settlement paperwork. You also need to show cancelled checks as your proof of payment.

123qwe · Jan 29, 2009, 06:58 AM

The house was not in his name at all until after the separation. It remained in his family member's name until then

JudyKayTee · Jan 29, 2009, 07:00 AM

Originally Posted by 123qwe

This house was our primary residence before and during the marriage. The house was never in my name since he had the house deeded to himself even though I had made almost 30% of the payments on the house. During that time when I was paying for the house, he was unemployeed. I am guessing he made the final payment.

We were buying the property from a family member of his, so everything may not have been done completely legal anyway. I found that he had bought the house when I saw it listed for sale. I did a search and found out when he aquired the deed.

We are in two different states now as well. Would I be able to do anything about it in the state I live in (not the state the house is in)?

There is a protective order in place as well. He can not contact me, but he has been told in court numerous times he can contact my attorney or the clerk of court concerning any matters that need to be discussed that concern me. He has not done this.

Where is jurisdiction? His State, your State? Where are the separation papers filed?

Otherwise I see this at the Court's discretion as I said above - maybe paying the mortgage was a marital expense, living expense. Maybe you should get a percentage of the increase in value.

If the house never "belonged" to you, I don't see you have a claim to other than increased value due to your financial and other efforts.

You have an Attorney so I would let that person advise you on this.