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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102356
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My wife and I decided to buy a house together. I already

Customer Question

Hi my wife and I decided to buy a house together. I already owned a house before betting married. Wife and I decided to put house under solely under her name because we could give a lower down payment that way. Wife and I verbally agreed it was going to be our house (2nd home). At escrow, I went ahead and signed a quitclaim deed. We are not going to file for divorce. Do I have any rights to this 2nd home. I gave her most of the down payment for it and help furnish it.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes, someone in your situation arguably does have rights to this second home. Why? Well because despite it being in her name only, if it was purchased after the marriage and not with money that she inherited or has prior to marriage, then this would still be arguably communal property. As is, this may still be argued to be a communal property.

It does become subjective however, so it depends on the Judge.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Customer: replied 1 year ago.
Based on your answer, could I make a request to judge to force sale on house and get my share
Expert:  Ely replied 1 year ago.

Yes, theoretically. However, this would be at the Court's discretion. The Court may either give the home to either party, or, have it sold and proceeds split. It depends on the jurisdiction, and the case itself.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
if we verbally agreed it was our house will that help me
Expert:  Ely replied 1 year ago.

If she claims this verbal agreement never took place, then not really, as then one would have no way to prove it.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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