What happens during a divorce with a house and a mortgage?
My situation is this. My mom wants to go through a divorce from my dad after being separated (not legally) for more than 6 years. All this time my mom has been paying off mortgage payments for the house herself among other bills. If they go through the divorce process, can my dad legally get a piece of the house when my mom sells it? Can anyone shed some light in this.
11 Responses
Jolly1
05 Jun 2010
drgoodhi
05 Jun 2010
if his name is on the purchase papers he can
cd102205
05 Jun 2010
As a real estate investor, I know that these are the situations I look for due to the sense of urgency between a recently divorced couple. They’ll usually sell for too little or too quickly because they just want to wash their hands of the situation altogether. I believe your Mom will be able to show mortgage payments and subtract that from the total…a judge or lawyer will be able to decide how much, if any at all, your father will receive. Good Luck and tell them to be patient during the process of selling. Also, renting the property isn’t a bad idea, either.
zclifton2
05 Jun 2010
It greatly depends on the State you are in, but if the is the same or if you live in California, both parents have a legal interest in the home. But that does not mean it is a 50-50 deal necessarily.
Call the Legal referral number in your area and then ask for a Lawyer that specializes in Real Estate. Here is the one in my area near San Francisco. You can call them and ask for a number in your area. Or you can dial your operator and ask the same question. Often the Lawyer will provide free Consultations. 1-925-825-5700
JAREAD
05 Jun 2010
Some of this may depend upon which state you live in. When a state has "Community Property laws", even a man
‘s retirement is considered Community Property.
What happens to property when there is a divorce depends upon the settlement. A lot depends upon how much equity your mother has built up in the house.
Her husband would have to sign a "Quit Claim" Deed if your mother wants to keep the house and continue payments. If he requires compensation as his part of the house, there must be an agreement in writing.
It is a matter that depends upon the individuals. Unless one of the parties wants to remarry, it may be better to have a separation agreement drawn up by a lawyer, to ensure that fairness will prevail in the future.
kittyrogers
05 Jun 2010
If the house is in joint tenancy, then your dad is entitled to half the proceeds when it is sold. Doesn’t matter that your mom has been making payments, if your dads name is on the mortgage in joint tenancy, then she must split the proceeds.
Dusty
05 Jun 2010
ALot of this depends on your state as some have mentioned and some depends on the judge you get. The judge in my divorce granted my ex sole ownership of the house and I had to sign a quitclaim deed giving up my ownership. He did not have to pay me anything. He did get the choice to keep the house or give it to me but chose to keep it. I had a lousy attorney and according to the laws in my state, an equitable split should have been issued but unfortunately, "Equitable" is how ever the presiding judge defines it. So to answer your question, No, your dad does not automatically get half interest in the house. There are too many factors to consider to just say yes or no outright. I hope you do ok in all of this 
jan d
05 Jun 2010
it depends on which state you are located and the lawyer
Byron W
05 Jun 2010
You will need a local divorce attorney to answer this question
helo pilot
05 Jun 2010
Ohio 50/50 deal regardless of who paid it
mrklcoac2002
05 Jun 2010
vandit, have your mom call my friend Debbi at 1-866-471-3782 or http://www.debbicarroll.com and tell her mark referred you and her she can help you decide what kind of attorney you will need. good luck
I presume he’s paid into the house as well, before the separation. If so, then yes, he rightfully has a claim to some of the value of the house.
However, I’m willing to believe that he’d give up all such claims, just to be done with her, once and for all.