I am in the divorce process and my wife wants the house, but I am currently paying for everything including the mortgage, bills and repairs.
I mentioned once in passing that I didn’t care about keeping it, but I am better suited to maintain the home.
Would the fact that I mentioned once I didn’t care affect my chances of getting the home? How is it determined who receives the house in the settlement?
Unless you signed something indicating that your wife should be awarded the home, verbal conversations are not typically binding in divorce as they are usually considered part of the negotiation process and cannot be used against you later.
While you were married, marital funds were used to pay the mortgage, bills, repairs, etc.
Additionally, if the home was purchased during the course of the marriage, it is considered a marital asset where I practice and the equity would be divided equitably, which typically means equally.
When awarding ownership of a home, the court will consider if there are children and who is the primary custodial parent, who is able to afford / refinance the home loan if necessary to pay the other spouse out his or her share of the equity and other relevant factors.
If it is not viable for either party to keep the property or there is a dispute over who should have ownership, the court has the authority to order the home to be sold and the proceeds divided equally.
Remember, I am unable to provide you with anything more than property tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”