Property During Divorce

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We've just purchased a home and my husband in the only one listed on the title and deed. During title I was asked to sign a form that said I had no interest in the property and that it was the sole property of husbands. We've been married 13yrs and joint money was used to secure the house. He's listed soley on the loan. If we were to divorce would I not be entitled to any proceeds from the house?

Comments(4)

  • davehays14th October, 2004

    If you are departing spouse, and there is sufficient equity in the home (at least $30k), then you can work with a specialist on working with your attorney to create what is called a divorce lien, which when completed and filed, can be sold for cash at a discount, so that the departing spouse gets cash they need to move on, and the remaining spouse (who is assumed to have the kids, if any) don't have to move, no relocation, no further disruption of their routines.

    The divorce lien is essentially a second on the house, and has no monthly payments or term. When the house is eventually sold or refinanced, the lienholder will be paid in full, and the difference between the discounted cash lump sum they paid and the lien amount, consitutes return on their investment.

    Hope this helps, best, Dave

  • jameswing21st February, 2005

    Are you planning on getting divorced?

    You are in CA and it is a community propperty state where any assets you gain while married are split equally between you.

  • RonInAZ21st February, 2005

    But maybe she has no interest in the property because she signed a quit claim deed.
    [addsig]

  • edmeyer21st February, 2005

    You will likely need a family law practitioner to determine what your share is likely to be. It sounds as though part of the ownership will be deemed to be his property and part community property. You will be entitled to one half of the community interest.

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