Legal Question in Family Law in Tennessee
mortgage in husband's name
My husband and I are headed for a divorce after 8 years of marriage and we just bought a house in February of this year. I am a stay at home mom and the mortgage is in my husbands name only, however I am on the deed. I do not want spousal support or child support(seeking joint custody - he is a good father). The only thing I want is the house so I don't have to uproot our son. My husband says I can forget about getting the house. I will be able to buy the home from him in about a year and I was wondering if there is any way I can keep the house since I will still be the primary caregiver to our son. Thanks
1 Answer from Attorneys
Re: mortgage in husband's name
Ownership of the house will be decided as part of the marital property dissolution order of the court, if the parties cannot agree beforehand. You have made a convincing argument in your paragraph below that would encourage the judge to give you the house -- but you will likely have to get a job and pay the mortgage.
Michael A. S. Guth
http://riskmgmt.biz/prose.htm