If my husband purchased a home in his name only, what is my claim to it?

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If my husband purchased a home in his name only, what is my claim to it?

We are not yet divorced. I filed for divorce in 06/10. I have a feeling he may try to quit claim the deed before the divorce so I have no claim to the home. It is paid in full. It transferred into his name in 07/10. It is owned by him and another person. If he quitclaims it before the divorce is over will that negate any claim I may have to that home. I have the auditors report from the county with his name on it.

Asked on November 7, 2010 under Family Law, Ohio

Answers:

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

Answered 11 years ago | Contributor

I am sorry for your situation.  I am a bit confused here.  When did he purchase the home?  Was it before or after you filed for divorce?  Courts often look at the file date as a date certain when the parties take that first step toward separateness in all aspects of their lives.  Anything acquired before that date is generally considered marital property as it is purchased with marital money, regardless of whose name it is in (his alone or yours together).  There are certain instances when some things are not marital even if acquired during the marriage, such as inherited property.  I would seek help from an attorney in your area as soon as you can. Good luck.


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