[question345111]

I've been married 4 years. I purchased a home 2 months ago (while still married). My wife is not on the mortgage loan or deed. We are now in the process of a divorce. She does not work. Does she have any rights to the home and can she actually end up with it even though she is not on the loan or deed?

[ATYOURSERVICE]

What state are you in? California where I am is a community property state. This means any debt you have or any property purchased is both of yours even though it is in your name only. If you would have purchased the property before your marriage that may have been different.

My father owns two properties from prior to his second marriage. He had the opportunity to purchase another one now married (at a steal) but passed on it as him and the wife are having issues. He said " i don't want her to get it in the divorce".

Consult a divorce attorney.

[question345111]

I'm in Illinois. Is it the same as California?

[Fr_Chuck]

During divorce they can claim anything they want, getting is not always the same, so unless you can agree to the terms of the divorce, go out and hire the meanest most dirty fighting attorney you can afford.

[ATYOURSERVICE]

Good point. An attorney can work it to your benefit, but I found a listing of community property states:

IRS lists them as well for taxes.

Arizona
California
Idaho
Louisiana
Nevada
New Mexico
Texas
Washington
Wisconsin.

Puerto Rico allows property to be owned as community property also. Alaska is an opt-in community property state; property is separate property unless both parties agree to make it community property through a community property agreement or a community property trust.

[cdad]

I've been married 4 years. I purchased a home 2 months ago (while still married). My wife is not on the mortgage loan or deed. We are now in the process of a divorce. She does not work. Does she have any rights to the home and can she actually end up with it even though she is not on the loan or deed?

the short answer to your question is yes its possible for that to happen. Anything acquired during the marriage is up for grabs according to Illinois law. There are few exceptions and for those if it was property and increased in value during the marriage then that portion is subject to distribution.

[cadillac59]

The general rule in California (by way of example) is that all property acquired during marriage (measured by date of marriage to date of separation, not date of divorce decree) is community property (except that property acquired by gift or inheritance). But, you said that your wife is not on the deed. So my question would be, if your wife is not on the deed did you simply take title in your name alone and, if so, did your wife sign a quitclaim deed? If the lender knew you were married when you purchased the house and did not want your wife on the loan, the odds are fairly good that your wife was asked to sign a quitclaim deed relinquishing any interest in the property she might have otherwise had under the state's community property (or equitable distribution) laws. If this happened your wife may be precluded from establishing any ownership interest in the property. If there were no quitclaim deed signed then I would agree that the property would be treated as jointly owned. (Even if your wife signed a quitclaim deed upon your purchase of the property there are ways to challenge its validity, which requires a long and involved analysis that is too much for this thread).