How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 30807
Experience:  30 plus years of experience.
17897874
Type Your Family Law Question Here...
Loren is online now
A new question is answered every 9 seconds

Pre-marital Home: My wife is demanding that I put her name

Customer Question

Pre-marital Home: My wife is demanding that I put her name on deed to house. The house is pre-marital. I have paid the mortgage from a joint checking account. She has worked only 2.5 years of our 6 year marriage. What is she entitled if we split. She says she is going to get half the equity in house and it does not matter if her name is ***** ***** or mortgage.
I am hesitant to move her name to deed because we split 8 months ago for over 4 months and got back together. What are your recommendations.
Submitted: 6 months ago.
Category: Family Law
Expert:  Loren replied 6 months ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Expert:  Loren replied 6 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

There is no legal requirement that you place her name on title.

In the event of a split, her claim to the house, which is now not based on direct ownership, would be an issue of actual title and ownership, rather than a spousal claim.

So, that is the risk you take by adding her to title now.

Customer: replied 6 months ago.
Would she most likely be entitled to have equity gains since marriage?
Customer: replied 6 months ago.
Would she most likely be entitled to half equity gains since marriage? She will not leave the marital home, if I leave how long will she most likely get to stay in the house. We both work with close wages.
Expert:  Loren replied 6 months ago.

Correct, without being on title she could assert a claim to the appreciation during the marriage, but not direct ownership, as she would have were she directly added to the title.

Customer: replied 6 months ago.
Since she is not on the deed / title and I owned the house 7 years prior to our marriage, how long will the judge most likely let her stay in the house if we split up and start divorce proceedings. I am in SC and you must be physically apart to initiate divorce. She will not leave the marital home. She has one minor son. I have a minor daughter who used to live with us but no longer does due to issues with stepmother. I am the primary custodial parent of my daughter from a previous marriage. She would like to live with me but will not due to issues with stepmother.
Expert:  Loren replied 6 months ago.

It is completely within the discretion of the curt how long she would be able to stay.

Expert:  Loren replied 6 months ago.

With minor children it is tough to get the court to order removal from the marital home.

Expert:  Loren replied 6 months ago.

Most likely the issue will be resolved through an agreement between you and her, rather than a hearing before the judge.

Customer: replied 6 months ago.
I am getting recommendations to move my wife's belongings and my belongings out of the house and to change locks and have her take me to court to get back in. Thoughts on doing this.
Customer: replied 6 months ago.
Can I move my own belongings out without my wife's consent. She is telling me I can't because property is marital.
Expert:  Loren replied 6 months ago.
You can take your property out if you want. The final distribution of the property, whether removed from the home or not, will be addressed in the final decree.
Expert:  Loren replied 6 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page) so that I am credited by JustAnswer for assisting you. There is no additional charge to you for rating me.
A bonus is not required, but is always appreciated.

Expert:  Loren replied 6 months ago.

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question. Thanks.