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by jasmith on January 3rd, 2006

jasmith

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We lived in my husband's house for 5 years and then married, now we are divorcing 2 years later with no kids. When we refinanced, my name was put on the title. What are my rights to the house?

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  • by RedJohn on January 27th, 2006

    RedJohn

    The house may be considered joint property, regardless of the name on the title. It is not uncommon for a man to put his wife's name on the title, to avoid having to transfer the property in the event he dies and to avoid any inheritance taxes that may be imposed at that time. Men usually die before their wives (this is justice?).

    In many jurisdictions, the matrimonial home - the house that you and your spouse use as a primary residence - is considered a *joint* asset, even if it was purchased by one party prior to the beginning of the relationship. The relationship could have begun the day of the wedding, but it may have started earlier if you were living common-law. If your jurisdiction recognizes common-law, it will define the minimum period of time that two people can cohabitate as a married couple before they are considered to be married under common-law. In some jurisdictions, the period of cohabitation could be as little as one year. Therefore, it is possible that the house has been the 'matrimonial' home for the past six years.

    If you are divorcing now, your lawyer should be able to provide advice for the specific jurisdiction in which you reside.

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