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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I have been married 36 years. Our home (real estate) was put

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I have been married 36 years. Our home (real estate) was put in my husband's sister name years ago to avoid liens, reposession/sale , etal. as of my husband and non-payment of income taxes for his business. A divorce is forthcoming and he says I will have no right to our homestead as it is not in our name. I need help ASAP.
Dear JACUSTOMER - I'm not sure what the attorney you spoke to thought was the situation but if the property is not in your name or your husband's name then neither of you own the property. If it were only in your husband's name then the attorney would be correct that all that mattered is that you are married since it would be considered as marital property. But if you or your husband's name is XXXXX XXXXX the deed then you are merely the same as month to month tenants and neither of you have any ownership interest in the property. So your husband is correct that the house is not part of the marital assets if neither name is XXXXX XXXXX deed. Obviously I don't have all the details of the transfer to avoid creditors but it is always a risk when you sign away your rights to property since there is usually no legal way to have them returned.
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