Legal Question in Family Law in Missouri

If my husband's name is the only name on our house loan, but both names are on the title. What legal right do I have to get the house if we divorce? We have 1 daughter aged 10 that will stay with me.


Asked on 11/15/11, 10:52 am

1 Answer from Attorneys

Anthony Smith LawSmith

As a married couple, you both have a claim to the house (unless he bought it prior to the marriage, and no marital funds have been spent on it) In the divorce, it will be divided liek any other property. You will both share in the right to the hosue, and the loan debt. ht elienholder will not be bound by the court's decision as to who is to pay it iff. They can only go after the person on the note. But, if you are given credit for his hyaving to pay it, you can get sued by him for your fair share of anything the lienholder sues him for. This is a very general explantion based upon your general desciption of the facts. You need to consult direclty with a family law attorney in your area, to get specific advice about your situation. Many attorneys offer a free or low cost initial consultaiton. Go see one.

Good luck

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Answered on 11/18/11, 2:45 pm


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