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fedup77 · Feb 17, 2005, 10:42 AM

My husband and I have been married 1 1/2 years. We bought a house in April 2004. The loan is only in my name because his credit is horrible but his name is also on the deed. He has been lying to me about large amounts of money received and spent from our joint checking account and I am thinking about asking him to move out. In the event we do divorce, who would the house go to? I would like to stay in it or sell and divide the proceeds. Allowing him to stay in it and run my good credit further into the ground makes me sick, and no one in their right mind would give him a loan to buy it. We are in TN, and he has a 4-year old from a previous marriage who is with us every other weekend

kjenskie · Feb 17, 2005, 03:59 PM

You should get the house depending on what your state divorce laws are.if you have to be separated for a year prior to divorce you ask for the house most of the time the wife would get home and with your home being in your name only he can't stop you from selling home yet if you just bought house within the past 2 years you really don't have any equity in home.right now if you sell house you will probably break even with mortgage companyi just went through all this about a year ago.my advise to you is talk to a attorney now see what your options are

fedup77 · Feb 18, 2005, 07:19 AM

The laws in our state are very vague. Unfortunately we do have a lot of equity in the property. It was a fixer upper and we did all of the work ourselves. A friend who is a realtor said our gains far outweigh what we put in. Last night my husband indicated that he wouldn't let the house go easily.
Your right about me talking to a lawyer, it is something I need to prepare for. Thank you.

walt17 · Feb 20, 2005, 07:38 AM

If his name is on the deed you can not sell it without his approval. If he isn't agreeable you will have to wait for a divorce and court settlement.

slippydippydo · Mar 30, 2005, 05:54 PM

Don't mess around with this yourself, find a tennessee divorce lawyer who offers a free consult and do it right.

In many states, property acquired during the marriage is marital property even if his name is not on the deed.

fedup77 · Apr 14, 2005, 12:52 PM

His name is on the deed with mine, but the mortgage is only in my name due to his bad credit. He has agreed to let me stay in the house and quick deed it to me but wants half of the profit when I sell it. Since I don't plan to move anytime soon can I get the house appraised now and give him half of that amount when I do sell it (make that set figure part of the divorce settlement) or will he reap the benefits of a fat profit if I stay for 5 or six more years.