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How can I get my wifes name off the deed and keep my house? We are getting Divorced soon but I bought the house.
My wife and I are getting a divorce. Our house is my dream home, I have put a lot of work into it, I owned the lot before we got married, but we built the house several years into the marriage using both incomes. I also run a successful business out of the house. How do I get my wife’s name off the deed and keep my house?
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Answers (1)
The simple answer to your question is that you can get your wife’s name off the deed to your home and keep it if you buy out her interest in the home. Your home is marital property if it was purchased or built during the marriage. The situation you present is not that simple. You have indicated that you owned the lot to the home prior to your marriage. It could be that your entire home is not part of the marital estate. Depending upon when you placed your wife’s name on the deed and the value of the lot at that time a portion of the value of the home maybe considered non-marital property. This would change the amount of money you would need to buy out your wife’s interest in the home. The amount of money you would need to spend to buy out your wife’s interest may also depend on whether your state is an equitable division or community property state in divorce.
Your best bet is to contact an attorney in your area experienced in family law. They could give you the best advice regarding marital property in your jurisdiction and help to achieve your goals.
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Posted by Edith Hull on 25 Jan 2010