DoI have right to home which is in my husband’s name but we for which we have both jointly paid for?

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DoI have right to home which is in my husband’s name but we for which we have both jointly paid for?

We are divorcing after being together for 6 years (3 years of marriage), we have 1 son (my biological and he has legally adoption him, aged 10 years as of now). We both earned full time together and paid for all expenses and mortgages but name on house and mortgage is his, do I have right to home? Will I have to give 50% of what we bought property for our market rate currently to my husband in settlement?

Asked on January 23, 2012 under Family Law, Alaska

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation. This is a sticky situation and you need to speak with an attorney in your area as soon as you can. If you purchased the property while you were married then the answer is clear: it is both of yours regardless of who is on the mortgage and deed. But if you purchased it prior to your marriage then you are going to have some smooth talking to do. Please seek legal help. Good luck.  


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