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Pre-marital Home: My wife is demanding that I put her name

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on deed to house. The...
Pre-marital Home: My wife is demanding that I put her name on deed to house. The house is pre-marital. I have paid the mortgage from a joint checking account. She has worked only 2.5 years of our 6 year marriage. What is she entitled if we split. She says she is going to get half the equity in house and it does not matter if her name is ***** ***** or mortgage.
I am hesitant to move her name to deed because we split 8 months ago for over 4 months and got back together. What are your recommendations.
Submitted: 1 year ago.Category: Family Law
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9/2/2016
Family Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 35,885
Experience: 30 plus years of experience.
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Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

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Family Lawyer: Loren, Lawyer replied 1 year ago

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

There is no legal requirement that you place her name on title.

In the event of a split, her claim to the house, which is now not based on direct ownership, would be an issue of actual title and ownership, rather than a spousal claim.

So, that is the risk you take by adding her to title now.

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Customer reply replied 1 year ago
Would she most likely be entitled to have equity gains since marriage?
Customer reply replied 1 year ago
Would she most likely be entitled to half equity gains since marriage? She will not leave the marital home, if I leave how long will she most likely get to stay in the house. We both work with close wages.
Family Lawyer: Loren, Lawyer replied 1 year ago

Correct, without being on title she could assert a claim to the appreciation during the marriage, but not direct ownership, as she would have were she directly added to the title.

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Customer reply replied 1 year ago
Since she is not on the deed / title and I owned the house 7 years prior to our marriage, how long will the judge most likely let her stay in the house if we split up and start divorce proceedings. I am in SC and you must be physically apart to initiate divorce. She will not leave the marital home. She has one minor son. I have a minor daughter who used to live with us but no longer does due to issues with stepmother. I am the primary custodial parent of my daughter from a previous marriage. She would like to live with me but will not due to issues with stepmother.
Family Lawyer: Loren, Lawyer replied 1 year ago

It is completely within the discretion of the curt how long she would be able to stay.

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Family Lawyer: Loren, Lawyer replied 1 year ago

With minor children it is tough to get the court to order removal from the marital home.

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Family Lawyer: Loren, Lawyer replied 1 year ago

Most likely the issue will be resolved through an agreement between you and her, rather than a hearing before the judge.

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Customer reply replied 1 year ago
I am getting recommendations to move my wife's belongings and my belongings out of the house and to change locks and have her take me to court to get back in. Thoughts on doing this.
Customer reply replied 1 year ago
Can I move my own belongings out without my wife's consent. She is telling me I can't because property is marital.
Family Lawyer: Loren, Lawyer replied 1 year ago
You can take your property out if you want. The final distribution of the property, whether removed from the home or not, will be addressed in the final decree.
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Family Lawyer: Loren, Lawyer replied 1 year ago

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Family Lawyer: Loren, Lawyer replied 1 year ago

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