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Roger
Roger, Attorney
Category: Estate Law
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can my husband refuse to add my name to our home and what

Customer Question

can my husband refuse to add my name to our home and what can I do about it? my sister-law told me he has willed it to his son
Submitted: 5 months ago.
Category: Estate Law
Expert:  Roger replied 5 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 5 months ago.

You can't technically force your husband to add you to the deed.....but if this house is your marital property, you have an equitable ownership interest in the property -- regardless of whether or not your name appears on the deed.

Expert:  Roger replied 5 months ago.

The only possible thing you could do to validate your ownership is to file a partition lawsuit, which could force the sale of the property....but this is generally done as part of a divorce proceeding.

Expert:  Roger replied 5 months ago.

But, as long as the house was purchased during the marriage, it will be considered marital property and you'd have an ownership interest in the property (likely 1/2).

Expert:  Roger replied 5 months ago.

However, if the house was purchased BEFORE the marriage, it could be considered his sole property.....but you could claim any money you've spent on paying the mortgage, etc. Here's a good link you can read: http://www.yalelawfirm.com/pdf/Texas%20Marital%20Property%20Law.pdf

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