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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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Thank you. Yes, I figured I would not receive any spousal support

Resolved Question:

Thank you. Yes, I figured I would not receive any spousal support which is fine. However before were married I bought a condo in 2006, and it went into foreclosure in 2009. When we bought the house 3 months after we were married on the loan papers my husband said he was not married so that he could get the loan on his own, and the foreclosure would not affect him for the house we are in now. I walked away from my condo and because since were married it was 50/50 right. Now that hes divorcing me its going to destroy me financially. My credit is ruined due to the foreclosure . So will that help me during the divorce?
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
Could you clarify on what would help you during the divorce? You mean having 50% of the house or asking for support?

Customer: replied 7 years ago.

Just on 50% of the rights to the house.

Expert:  Attorney & Mediator replied 7 years ago.

First, his lying on the mortgage papers will not eliminate your rights to the house. So long as it was acquired during your marriage, it is community property, you have 50% rights on it. However since the loan is in his sole name, you are not responsible for it. So you can ask that he buy your share of the equity or ask the court to sell it to collect half of the equity on the property. Whether this will help you in the divorce would depend on whether the house has any equity, whether it can be sold for more than what you paid for it. You would have to check with local market conditions to see if you live in a "hot area", if there is equity then it would help you in the divorce.





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