Can a wife get a house after getting a divorce?

Question Detail

If my husband purchased the house and we are going to get a divorce, can I still be entitled to the house?

Answer

It depends on many factors. In California, any assets purchased during marriage is presumed to be community property. If it is in fact community property than you will be entitled to any equity if there is any in the house. One of you can keep the house and buy the other person out or you can put the house on the market and sell the proceeds. If the house was purchased after the date of separation than it is presumed to be separate property. However, depending on what funds he used to purchase the house would come into play. There are a lot of factors to look at and I would suggest talking to an attorney to make sure that all your interests are being met and you get everything that you are entitled to in the divorce.


Category: Divorce, Family Law

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