Legal Question in Family Law in District of Columbia
Rights to Property during Divorce
The home we live in was recently purchased by my husband. I, however, am neither on the deed of the house nor on the mortgage loan of the house. Do I have any recourse if we ever divorce? It was his advice that I not be on the home because of my negative credit rating affecting the financing of the home. I recently learned that being on the loan and being on the deed of the home are two different things. How can I correct this and if not corrected, if we divorce, do I have any recourse?
1 Answer from Attorneys
Re: Rights to Property during Divorce
Whether or not you are named on the deed or the note is irrelevant with respect to your right to claim a share in the property as a marital asset.
You are as wife entitled to claim such a share.
Nevertheless, you could certainly make the request to your husband that he add your name to the deed so that the two of you would hold title to the property "as tenants by the entireties" which would make the property invulnerable to creditor process should one or the other of you have judgments lodged against you for unpaid debts.
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