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KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 4219
Experience:  13 years of experience practicing law.
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My husband and I went to an attorney and signed a deed of entirety

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My husband and I went to an attorney and signed a deed of entirety (warranty deed) on a house my husband owned 7 years before we got married. My name is XXXXX XXXXX the deed. We lived together for 1 year and are now getting a divorce. Am I entitled to 1/2 ownership in the house or can a judge decide I get less than that? We live in TN.
Hello, I am happy to assist you today.

Right now you do own 50% of the interest in the property. What will happen in divorce court is that the judge will review your entire financial situation before, during and after the marriage. He or she will decide what to do with the house. It will most likely go to you or your husband 100% and the other person will have to pay the other for the difference in the value.

The best situation here is for you to come to an agreement with your husband. If he agrees to let you keep the property, then you will sign a deed into your name alone and get any mortgages refinanced so that everything is in your name. If you come to an agreement then it makes this process much much easier.

Let me know if you have any questions.

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