Legal Question in Real Estate Law in Minnesota
title or deed
I am married. My name is not on the title to our property, but my name is on the mortgage loans. If divorce takes place, what am I entitled to?
2 Answers from Attorneys
Re: title or deed
It is not possible to answer your question without more information. You do not say when the property was acquired, nor anything about other property you may own, etc. You should consult with a local family law attorney.
Re: title or deed
the answer depends on many things, including when the property was purchased, the amount of equity existing at the time of the marriage, and whether any capital improvements were made during the marriage or whetherthe existing mortgage was refinanced for an amount greater than the previous mortgage.
The fact that your name is not on the title does not mean you do not have an interest in the real estat. the fact that your name is on the mortgage also does not mean that you have an interest. What is critical is whether there was a premarital interest and the calculation of that interest.
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