Will I get to keep my home or have to sell if it is in my name and I divorce my husband?

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Will I get to keep my home or have to sell if it is in my name and I divorce my husband?

I just closed on a trailer with land. It is in my name. Owner would not finance him. I am having it owner financed and closed this month. My husband says that he will get half which means I would have to sell or refinance? Will I be able to keep my home or would I have to sell, refinance? He does not work, able but won’t. I just want to make sure what to do, we have a 10 year old that I do not want to uproot and I do not have credit to refinance.

Asked on August 22, 2012 under Family Law, Georgia

Answers:

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

Answered 9 years ago | Contributor

I would speak with an attorney in your area as soon as you can.  The general rule is that assets purchased during a marriage are marital assets regardless of whose name that they are in.  That would mean that they would be considered to be part of the property division during the divorce.  But all is not lost.  You can request exclusive use and occupancy given the age of your son and not have to sell until he is say 18 and ff to school.  Good luck. 


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