will she keep the house?

Gattsama · 2022-11-12T05:13:58+00:00

IF your name is on the loan and you have used communal assets to pay for it it's 50/50 yours. You DO NOT need to be on the title. Just need to show evidence (bank statements) that communal assets have been used.

Ok-Mind-4721 · 2022-11-12T06:12:45+00:00

You should be ok legally. At least here in CO I was told that even if I bought the house before marriage it was marital property. Best of luck brother.

BeneficialAbalone578 · 2022-11-12T03:52:02+00:00

This is going to be very FL state specific and a lot of those details you’ve mentioned matter as you are aware. Make a couple free appointments with local divorce lawyers. They are the only ones that can give you real and accurate answers. As you’ve mentioned, her name only being on the deed and that prior to marriage could be a problem. But it’s going to be resolved in the divorce and I’m guessing as Florida is an equitable distribution state it will end up being sold and divided out to some degree (just a guess and again please talk to a lawyer). You may not like the answers you hear. And as an example, the other two comments posted as I’m writing this say 50% and half the equity…that’s absolutely not a given even with an actually purchased as marital property house in an equitable division state. Moral of the story: lawyer.

CrazySanta7 · 2022-11-12T01:34:51+00:00

On the record, get a consultation with an attorney, they are usually free.. Off the record, she is smoking crack. If you bought the house while engaged and you put 'your' funds as a down payment it's half yours. Your name might not be on the promissory note, but is it on the deed (title)? If so, its definitely 50% yours. She can't sell it without your signature. A sale proceed check would be made out to both of you.

platonic_thoughts · 2022-11-12T11:37:18+00:00

“i trusted her back then”

bro, no matter how good the relationship is, never trust anyone 100%.

junkmailbox121 · 2022-11-12T02:02:02+00:00

I think we would need to know if you are on either the mortgage or deed. If you're not on either she may try to pull a fast one and say the down payment you put was a gift from you or lie and say she put the down payment. Do you have some kind of proof that you put the down payment like bank statements for the withdrawal of the down payment? I think if there is a large deposit on bank statements that are provided to get the loan, the bank will question it and ask where that came from.

If you can show proof that the down payment wasn't a gift to your spouse and was for the down payment then worst case scenario would be to get your down payment back. If the house is determined to be a part of the marriage asset then you should get half of the equity. Definitely consult with an attorney in your jurisdiction.

junkmailbox121 · 2022-11-12T16:51:34+00:00

If she insists on keeping the house to herself then tell her you'll stop contributing to the mortgage. Then tell her the only thing both of you would get is a damaged credit report once the bank foreclose on it and see how she reacts.

BaldieGoose · 2022-11-12T12:00:29+00:00

Make sure your lawyer applies Brandenberg.

JonathanApple · 2022-11-12T15:12:22+00:00

Dang, just the first sentence hurts to read. Same thing happened to me man. And yeah, she got the house. Feel for you man.

*Edit - but yes you should get half the equity. Good luck.

captainchippsixx · 2022-11-12T16:40:14+00:00

Your entitled to half

tellmemorelies · 2022-11-12T17:39:11+00:00

Dude, you need legal advice from a professional.

Time to see a lawyer.

Title	will she keep the house?
Author	alzdag
Upvotes	14
Comments	18
Date	November 12, 2022 1:03 AM UTC (3 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/ysskyd/will_she_keep_the_house/
Archive Link	https://theredarchive.com/r/Divorce_Men/will-she-keep-the-house.1138941 https://theredarchive.com/post/1138941

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