How can I get my share of proceeds from property that is in my husband’s name?

UPDATED: Jul 1, 2009

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How can I get my share of proceeds from property that is in my husband’s name?

My husband has managed to put most of our property in his name during our 20 year marriage. We have 2 children. We ran a small business in VA which was in his name and sold it so I could move back home to KY. Because the bus. was in his name, he feels that all the proceeds and anything bought with the proceeds belong to him. We now have another small KY which is in his name. I have always helped with the businesses. He is getting ready to sell our house in VA. How can I get 1/2 of the proceeds from that sell if the bank makes the check payable to him since the house is in his name

Asked on July 1, 2009 under Family Law, Kentucky


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You'll probably have to file for divorce before he closes the sale, which will make any transfers of property by either one of you subject to court review and approval.  Your lawyer may be able to get a court order that forces the sale proceeds to be put in escrow and held until the divorce is resolved.  And yes, with a business and property, and the assets in your husband's name, you absolutely need a lawyer.  To find an attorney who can file your divorce, in Kentucky (if you've lived there long enough, and if you prefer) or Virginia, you can look at our website,

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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