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My husband and I have been together for 12 yrs and now I…

Customer Question
My husband and I...

My husband and I have been together for 12 yrs and now I want a divorce. I was wondering if I have rights to the house we bought a year before we got married?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Nevada

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I filed back in august. My husband said he refuse to get a divorce and the case got thrown out so i went on with life. I later found some papers in his office stating that we have an appointment Oct 4th with a judge and realized that he was not planning on telling me and was going to attend without me.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We've collaboratively paid for the bills but through our separate accounts but he claims that the house is in his name and I have no proof that I ever paid any bills and that's because whenever he asked for money I would go in my account and give him cash. Also when we bought the house I put paid the down payment. I do not work

Submitted: 8 months ago.Category: Family Law
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Answered in 4 minutes by:
9/26/2017
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,551
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Verified

Hello and thanks for using Just Answer. I’m a licensed attorney with 37 years’ extensive experience in family law, trials, appeals, contracts, landlord-tenant, and other types of law.

This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also, I’d like to review your question for a minute and type your answer. If I am not here for a few minutes, that means I am typing your answer. THIS IS NOT YOUR ANSWER YET so please allow me time to type it up for you. It may take a few minutes, so please understand that. Thanks!

If a request for a phone call comes in, it is from the site, not from me. I will be happy to have a phone call with you but only if you want it. If you would like to request a phone call, that’s fine too. There is no pressure and we can stay here if you’d like.

I'm sorry to hear about this, but I'm mostly sorry to hear that your husband is being deceitful about your court dates. I'm glad you found it and are able to attend the court date.

You mentioned that you paid the down payment. Do you have proof of that?

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Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

I don't know if you saw my question for clarification. You mentioned that you paid the down payment. Do you have any proof of that? Is the house really in his name -- have you seen the deed or title to the house? Thank you.

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Customer reply replied 8 months ago
can you call me(###) ###-####
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

We can do a phone call here if you'd like but we have to go thru Just Answer. Either one of us can ask for a phone call - -it's the same price. Would you like me to offer that?

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Customer reply replied 8 months ago
We went through a government program where they paid for the closing cost and I paid for the down payment which was anywhere from $1,200 - 2000 dollars. Because the case is under my husband's name they refused to give me any information
Customer reply replied 8 months ago
All I really want to know is do I have rights to this home without being on the title or deed?
Customer reply replied 8 months ago
I do not want to do a phone call if it cost more money. Now that I'm going through a divorce I have to save every penny because I do not work
Customer reply replied 8 months ago
Someone told me that if we file taxes together throughout the 12 years I can claim that the house was bought for the purpose of both of us living in it and paying for it, is that true?
Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Okay thank you. We can continue the chat here, that's fine.

If you are able to show that you paid for the down payment and made additional payments, the separate property in your community property state becomes commingled/joined with marital property and if you can show that, then you have a chance to get the home.

You are going to need a good lawyer to help you with that though. If you haven't seen the title or deed, you don't know if your name is ***** ***** or not, so you'd need to find that out.

That's not really accurate about the taxes -- the house needs to have been bought with the purpose of being for both or being only for one, such as a name on the deed. However, if it is commingled with your separate property -- your money, for example -- then the house, which is possibly separate property, can become marital property. When it becomes marital property in NV, then it can be divided but you're going to need an experienced family lawyer to prove that you paid for some of it. As long as that can be proved, then you can get your half of the house. The taxes don't have much to do with whether the house is separate or marital, but the money put into the house does.

I don’t always say to get a lawyer, but in this instance I would. We aren't allowed to refer to any particular lawyer. However, what I do here, which helps my customers tremendously, is I give you a list of lawyers in your area and I'll show you how easy it is to pick one.

I have a short, easy to understand guide and it will show you what to look for in an attorney. You can always run your picks by me and I can let you know if I think you're on the right track. I will also look for LegalAid and pro bono attorneys in your area if you tell me to do that. I just need to know where to look. The bigger the city the better. My customers tell me they have found great lawyers from my information. Just let me know if you want this information.

Did I answer all of your questions or do you need additional information? I just want to make sure I got to all of them.

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Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

You do indeed have rights to the home without being on the title. You will have to show that you put money down as a deposit on the house, and you can testify that you made withdrawals from your account to pay for the mortgage and other house expenses. In that case, the house can become marital property, if his name is ***** ***** deed, and therefore can be divided in your community property state. If his name is ***** ***** the deed alone, and yours is there too, then you can divide the house because you both purchased it.If his name is ***** ***** deed, you'd have to show your down payment was done from your account, and then in that case, yes you'd have the right to get your half of the house.

Good luck to you! You can come back here free of charge after I'm rated for a follow-up question.

Please let me know if there’s anything else I can help you with. That includes looking for lawyers. I’m happy to do so! I’m here most of the time (usually at night!) so you can always come back and talk to me (no extra charge) after I’m rated. If I’m not here, I will get an email if you leave me a question.

Please accept my answer, and please rate my answer as one of the top three faces/stars (5, 4 or 3 stars, 5 stars would be much appreciated as I ALWAYS strive to give you 5 star service!). This can be found AT THE TOP OF THE PAGE and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find lawyers. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating. I have given you the benefit of my legal knowledge and 37 years of experience as well as my time. My statistics show that almost 100% of my customers here have been extremely satisfied with my answers as I am always truthful and thorough.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated, free of charge.

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you! I'd rather be given the chance to add more information than be rated negatively, so I thank you for that.

If you want to ask for me specifically another time -- for a new question -- ask for "NYFamilyAttorney ONLY" and I will get the question. Otherwise you can come right back into this room for follow-ups, free of charge.

Best of luck to you and thank you for letting me help you today! Thanks in advance for rating me!

I strive for 5 star service every time, so if there's anything else I can do to earn that, I'm happy to do so.

By the way, your attorney can subpoena the information from the government program to show who paid the down payment. That will help you tremendously!

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Family Lawyer: FamilyAttorney, Lawyer replied 8 months ago

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Let me know if you need names of lawyers and I can help you if you let me know where you live.Thanks!

FamilyAttorney

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