[wandina]

Me and my boyfriend has been together 11years.I was working when we met,then I had his son,he didn't want me to work.so I just kept up house.you know soccer-mom type.well we finally got married and things aren't going to good.I told him that he can leave.just give me the house and pay the mortgage,he says no.the house isn't marrital property.do you think that I could get awarded the house with the payments since I am the one caring for the son cleaning fixing painting the home?

[Fr_Chuck]

Depends, and no, property is not automaticlly added. In many states, if he owned the house before you were marrried, it is still his house, not your house and you will not be able to get it.

In other states you and he may be joint owners if they are community property states. And the house may need to be sold and the money split.

[tickle]

Nothing is going to happen with your jointly held house, jointly held in some states that recognize community property (you don't say where you reside), until everything is done legally, wandina. He can't just give you the house and you don't really think he will pay the mortgage while you live there, do you?

The house will be part of a settlement once you get a lawyer and get this sorted out. It looks like you will have to get a job.

Lastly, you share a son; support payments and visitation for him, or you, whatever the case may be according to the court.

Tick

[Fr_Chuck]

I missed the part where she wanted him to pay the mortgage and her keep the house. She has to be kidding right ?

[ScottGem]

Please pay more attention to posting guidelines. There is a Read First sticky in the Divorce forum (where this was moved from) that directs questions of a legal nature to this forum.

Second, ANY question about law needs to include a general locale since laws vary by area.

I don't know of any state that automatically adds a spouse to a deed upon marriage.

Dissolution of property in a divorce is often a negotiation. So you say what you want, he says what he wants and then you negotiate a compromise.

[GV70]

the house isnt marrital property.do you think that i could get awarded the house with the payments since i am the one caring for the son cleaning fixing painting the home?

If the house is not marital property I assume it is separate property owned by your husband.
Generally separate property does not need to be divided between the spouses,
In certain cases, separate property can become mixed with community property. When this occurs, it is important be able to trace the payments and show where the separate and community money came from. For example, a husband may have contributed the down payment for a house, got married, and then paid off the mortgage with community property. In this case, the husband would be reimbursed for the down payment if he could prove his separate funds were used to pay it.

I agree with Scott-we need to know which state has jurisdiction.