Tuesday, 27 January 2015

Hello ,considering divorce, Our house is in my brothers name on the mortgage ,both our names are on title....can she take the house legally ???

Question

Hello ,considering divorce, Our house is in my brothers name on the mortgage ,both our names are on title....can she take the house legally ???



Answer

I assume you received the house through an inheritance or through a purchase before your marriage.

As a result, neither the house nor your equity in the house should be considered marital property.

At the most, if she improved the value of the house, she may get some credit for that increase in the division of marital assets.

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