What are my rights to my house if my husband that wants a divorce?
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What are my rights to my house if my husband that wants a divorce?
He wants everything done his way. He saw a lawyer and was told by that lawyer that he has a better leg to stand on when it comes to getting our house because all I do is cook and clean and he does everything else. I want to know if that is true.
Asked on May 13, 2019 under Family Law, Vermont
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
There is no simple answer. If the house is in both your names or was bought during marriage, the family/divorce court will decide what happens to it. There are many possible outcomes:
1) The house is a marital asset, along with any vehicles, money in the bank, etc. The total marital assets should be split more or less 50-50. That could mean selling the house and dividing the money; it could mean one of you gets the house, the other gets more money or other assets to compensate; etc.
2) Even if the house is going to be sold, it doesn't have to be sold immediately; the court can let one of you live there for a time, then order the sale, if that makes the most sense for everyone's situation.
3) If there are children, whomever gets custody of them will likely have the right to live in the house, possibly until the children turn 18, so as to avoid uprooting them; after that, the house will be sold.
And you are a homemaker while he works and brings in the income, he will almost certainly have to pay spousal support or alimony to you.
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