if we’re getting ready to buy a home but I’m not on the loan, do I still have rights to the home in the event of divorce?

UPDATED: Jan 11, 2018

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if we’re getting ready to buy a home but I’m not on the loan, do I still have rights to the home in the event of divorce?

Only my husband will be on the loan.

Asked on January 11, 2018 under Family Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) If you are on the title, you will be owner regardless of whether or not you are on the loan: the mortgage determines who has to pay (who is obligated for the loan), not who owns the home.
2) Even if you are not on the title, in the event of a divorce, if the home is bought or paid with money earned (not inherited or given as a gift to your husband; anything inherited or gifted is solely the property of the person who received it, as is anything bought/paid for with those funds) during marriage by one or both of you, you will have some rights to the home and to the equity from it, but not necessarily to an equal share: the family court will look at the overall situation and who contributed how much in trying to come to an equitable or fair resolution.  The important thing is, money earned during marriage, and things bought with that money, is/are generally considered marital property and both spouses have some rights to it during a divorce.

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