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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37063
Experience:  Texas lawyer for 30 years in Estate law
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In 2010, my wife of one year purchased a home in New

Customer Question

Hi, In 2010, my wife of one year purchased a home in New Hampshire for our primary residence. I at the time was not credit worthy and, asked to sign documents in the basement of the band during her closing..2 ish years later knowing I would not be recorded on the deed find though I am and, have been recorded on the mortgage. My wife now has filed for divorce from me. My question please.. " Do I have any equitable interest in our home to offset the repairs, maintenance and, improvements in our home " ? Thanks in advance.. Dana
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Here under NH law if your name is ***** ***** deed and the note you have an equitable one half interest as a joint owner.Again the bank may have made an error but legally you have a half interest as a joint tenant and can force the other spouse to either buy you out or sell the house and divide everything.

You are joint tenants if your name was put on the title and the note..

TITLE XLVIII
CONVEYANCES AND MORTGAGES OF REALTY

CHAPTER 477
CONVEYANCES OF REALTY AND INTERESTS THEREIN

Section 477:18

477:18 Tenants in Common. –Every conveyance or devise of real estate made to 2 or more persons shall be construed to create an estate in common and not in joint tenancy, unless it shall be expressed therein that the estate is to be holden by the grantees or devisees as joint tenants, or to them and the survivor of them, or unless other words are used clearly expressing an intention to create a joint tenancy. The addition, following the names of the grantees in the granting clause of a deed or devise, of the words "as joint tenants with rights of survivorship'' or "as tenants by the entirety'' shall constitute a clear expression of intention to create a joint tenancy.

Source. RS 129:2. CS 135:2. GS 121:14. PS 137:14. PL 213:17. RL 259:17. 1951, 178:11. RSA 477:18. 1959, 264:2, eff. Nov. 13, 1959.

You may want your own lawyer to protect your half ownership.There may have been an error made but nonetheless under the law above you now have equal rights in a divorce since you are listed.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

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