Michelle S asked:


I want to divorce my husband but his name is on the mortgage/house and he says I have to move out.. is that true?

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8 Responses to “How do I get a divorce without losing the house?”

1. WonderWoman on January 18th, 2010 4:46 am

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   no, it’s not true. depends on the divorce settlement. sounds like he wants the house…

   get a lawyer and tell him what you want from this divorce and see what negotiations come out of this divorce.

2. mrs_g2 on January 20th, 2010 1:51 am

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   Let the lawyers fight it out. You definitely have rights to marital property, and he probably has to buy your share.

3. potentialflyer on January 21st, 2010 3:05 am

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   no. You’re married. So, it belongs to both of you.

4. Jordan M on January 21st, 2010 5:33 am

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   AT a glance, I would say you can’t get the house. At best, if it is marital property, and you do get it, you still have to pay for it. Can you get a mortgage in your name? You do understand you don’t ‘get’ the house, but the husband pays for it….YOU pay for it.

5. gripper2 on January 21st, 2010 2:03 pm

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   Just tell the judge that you want it just so he can’t have it.
   Your a woman so that should be enough of a reason.
   Maybe as a bonus, you can get the judge to make him make all the payments too.

6. Pallidon on January 22nd, 2010 7:21 am

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   No, it is not true … in Pennsylvania. Whether the house is in the name of one spouse or another .. or both .. the house is considered community property if both parties have lived there at least several years. It usually is the wife that stays in the house and the husband leaves .. but even then the husband has the option of purchasing the house from the soon to be ex-wife … or … once the estate is worked out … the wife can purchase the husband’s portion of the house and assume the remainder of the mortgage payments.

   In my case, neither of us could afford the house on our own (we needed both incomes to hold onto it) so we sold the house, split both the proceeds (after paying off the mortgage) and also split the tax liability on the capital gains tax because of its appreciation.

   Getting a good family law attorney (should be a specialist in Family Law) is an absolute must. That attorney will let your husband know that he can’t be the dictator he apparently thinks he is.

   What area are you from?

7. Common sense isn't anymore.. on January 24th, 2010 12:59 pm

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   The judge will decide who keeps the house, though bear in mind, you may both lose it. You may have to sell it and split the profit (if there is one) because you may not be able to finance to buy the others equity out.

   Either way, the mortgage will still be owed, can you make it?

8. Rosalyn on January 26th, 2010 3:53 pm

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   no thats not you have the right to half of the property even if its in hes name specialy if u have kids get a L**** good luck ***Sweet mildred