Who gets the house?

UPDATED: Oct 1, 2022

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Who gets the house?

We’ve been married for a year and a half and moved into this house together 3 1/2 years ago. My

2 oldest from a previous marriage attend the schools here at this house. My husband and I are

separating/divorcing and he’s trying to make me leave so he can be here by himself. I was thinking

since we moved in at the same time, even though I’m not on the loan that I would be able to stay here

and he could leave with his dog.

Asked on November 27, 2017 under Family Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You say you "moved into this house together 3 1/2 years ago" but also that you are "not on the loan." Did he purchase the home without you prior to the two of you getting married, which is what your question implies? If he owned the home solely in his name (you were not on title) prior to marriage, it is his home alone. While he cannot make you move out while the two of you are married (unless you moving out is ordered by a court), if/when you divorce, he will keep the home, not you, and you will then have to leave: a home owned prior to marriage is the sole property of the person who bought it, and is not joint or marital property. The spouse who did not buy it would have no claim to the home.

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.

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