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my husband and I have been separated for 5 years and still…

Customer Question
my husband and I have...
my husband and I have been separated for 5 years and still own a home which he and his girlfriend live in. They are talking about letting that one foreclose and buying one together. Do I have any rights as his wife if they buy one together?
Submitted: 6 years ago.Category: Family Law
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Answered in 3 minutes by:
2/20/2012
Family Lawyer: Legalease, Lawyer replied 6 years ago
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16,432
Experience: 13 years experience, divorce & custody issues, protective orders, child abuse issues
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Hello.

 

What does your divorce decree say regarding the marital home?

 

When you divorced, was there any equity available in the house (it was worth more than the note and mortgage)? What about right now -- is the house underwater ?

 

--MARY

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Customer reply replied 6 years ago
we are still married..
Family Lawyer: Legalease, Lawyer replied 6 years ago

Hello again

 

If there is any equity in the house available, you would be entitled to a portion of that equity -- however, if they are letting it go to foreclosure then it sounds like there is not any money to be had from the house if it were sold tomorrow. That is something you should look into. I think your main concern here will be your credit score if your name is still on the mortgage to the house -- because letting the property go to foreclosure will cause a bad mark to show on your credit for the next 7 years. About the only way you could stop that from happening is if you were able to prevent the foreclosure OR you got a court order stating that he had to refinance the house to get the house out of your name as far as the mortgage is concerned (and to get into court for such an order you would need to start divorce proceedings).

 

--MARY

 

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Customer reply replied 6 years ago
that is not my question..I asked "If they buy another home together and I am still married to him, do I have any rights to the house they buy together.
Family Lawyer: Legalease, Lawyer replied 6 years ago

Hello again .

 

sorry about that. The answer is "perhaps". If it is purchased in the girlfriends name then you will not have a claim to the house unless you can prove that he paid for it. If the house is in both of their names then you may have a claim to his portion of the house because Nevada is a community property state and whatever property either of you purchased in your own names can be claimed by the other party as community property and you could sue him for a portion of his half in the event you get a divorce.

 

--MARY

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