If the wife purchases a home, does the husband have claim in the event of a divorce?

UPDATED: Aug 23, 2012

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If the wife purchases a home, does the husband have claim in the event of a divorce?

My husband does not qualify for the mortgage due to having a mortgage of his own that has a reduced interest rate due to the President’s reduced mortgage program. He was not aware it would reduce his credit rating when he requested the reduced rate. Now his credit rating doesn’t’t qualify him to purchase another home. The condo we live in is too small and I want to purchase a larger home. I do qualify for a mortgage with my salary. If I purchase a home, and sometime in the future we divorce, does he have any claim to the house I purchased?

Asked on August 23, 2012 under Real Estate Law, Maryland


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

Answered 10 years ago | Contributor

The general rule is that assets purchased during a marriage are marital assets that are subject to distribution during a divorce.  It does not matter whose name the mortgage is in or whose name the title to the proeprty is in.  Good luck.

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