Legal Question in Family Law in South Carolina
rights to property
My fiance and I bought a house in SC. in 2003. I transferred monies from my checking account to help with the down payment. As we searched for a mortgage lender, we were pregnant and I lost the pregnancy. The lender said it would be better if we financed only in my fiances name. I was sick when he went to sign the paperwork for the house. My fiance told me not to worry about it and that he would have the title corrected to show both of our names as co-ownership of the home. As time passed, he didn't have the title changed. I moved to michigan and he and I got married in April 2004. We currently rent this home out and the rent pays the mortgage payment. We currently do not live together because of our differences.If I divorce him,do I as his wife have any rights to the house in SC. as it has appreciated about $25,000 in the last two years? Mind you, we both worked throughout the relationship and contributed to the household. He lived with me and my 2 children for 2 years prior to us buying this home.
2 Answers from Attorneys
Re: rights to property
The fact that the house is only in your husband's name is irrelevant. It will still be considered part of the marital estate, especially since your money allowed the purchase of the home. You are in good shape on this issue. William S. Stern
rights to property
The answer to your question is rather lengthy and complex. However, to give you the short answer, yes, it is probable that you have significant rights to equity in the house. Feel free to call me to set an appointment to meet with me to pursue your case.
1 800 KRONZEK Also, see us on the web at
www.MidMichiganDivorce.com
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