My husband and I are getting divorced, he is the main buyer on our house and Im the co-buyer, what are the chances of me being able to keep it? Im the one who pays the mortgage ever since we've moved in because he doesn't work, so I would think I would get it..|||They will probably make you sell the house and split the money. You can't both live in the house, and one person can't be awarded the whole house, unless the total assets are enough that the house is only half of all the assets, or less than half.|||If you live in a 50/50 state, then it doesn't matter if he's the main buyer, if your husband agrees for you to keep it, then it's very simple, but if you two argue over the house, then a judge will decide. The judge will more then likely do the most simplest thing, order the house to be sold and you two split the money.|||As others have stated, it depends if you two can sort it out on your own or if the courts will have to decide for you. If it goes to the courts, then it depends upon state statutes, whose name is on the title, who has paid the mortgage (and if evidence of that exists), if there are children involved, etc...
Be aware that you may experience some tax costs as well. Most people focus on what appears to be a big win (keeping the house, getting the boat) without focusing on the tax costs. Transfers of property between spouses or former spouses incident to their divorce are generally tax free. This does not mean, however, that there are no tax consequences. When the transferee spouse disposes of the property, the transferee spouse pays taxes on the entire disposition. This is, in a sense, a delayed tax.
You may want to check out dadsdivorce.com, even if you are a woman, as they cover some of the basics you are asking. Or you can submit a question through their Ask A Lawyer feature.|||If you are joint mortgage holders then you are both jointly and seperably responsible for the house, if you divorce then you may need to buy your husband out of the mortgage or sell the house, another option is for him to sign the house over to you so that he has no gain in it should you decide to sell in the future.
It does not matter who pays the mortgage, would it be any less yours if he paid and you didn't work ?
See a solicitor about this as they are the only ones to be able to sort this out for you.|||The judge will make a final decision on that because there are other variables such as whether you have children. If he does get the house he will probably lose it if he is not working so you want the court to order your name removed from the mortgage. If you get it, you will have to have a good credit score in your own name because you may need to get a new mortgage under just your own name. Your attorney should be able to help with this.|||If you guys cannot come to an agreement regarding the house, a judge will decide for you.
Also, they will take into consideration, income earnings, who's name the house is in, who filed for divorce, children, local laws/divorce laws in your area.|||sounds like you will have to buy him out - meaning he would get 1/2 of the equity on the home, if there is any|||where you live plays most important.
your hubby sounds like another loser.
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