my name isn’t on the house because of my credit. now that we have closed on the house she wants a divorse after 14 years. can i force a sell?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
my name isn’t on the house because of my credit. now that we have closed on the house she wants a divorse after 14 years. can i force a sell?
Asked on June 18, 2009 under Family Law, Illinois
Answers:
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It is not the name on the title but the nature of the property that makes it either "non-marital" or "marital" property. The house would probably be considered "marital" property since it is acquired during your marriage.
Marital property, in a divorce, will be equally and fairly distributed as determined by the court (or by mutual agreement of the parties). The court could rule that the house be sold and the proceeds divided equally between you and your wife. But that is up to the judge.
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 AttorneyPages.com 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.