Legal Question in Family Law in Virginia
Marital Property of 11 year marage
My husband and I have been married for 11 years. We bought and moved into the house we're living in now about 8 years ago. Our credit was pretty bad and the bank would not approve us so my husbands father got the house in his name for us untill our credit got better. About a year ago my husband and I refinanced and got our names on the title. However, we have not taken his fathers name off yet. The bank loan/morgage in only in mine & my husband names but the Title has all three of us on it. Me & my husband are about to split up and he says that his dad's still on the house title so it is his house not mine. He thinks I should have to move back home with my mom & dad with our 10 year old son and he should stay in the house because its his and his dads. Even when the house was in only his fathers name he never paid the morgage or nothing. We have always paid for this house. We can not afford two house payments and I don't want to move into my parents house. What can I do? Who really has the rights to this house? He can live here I don't mind moving, I couldn't afford the morgage here by myself anyhow but I will need to get a townhouse or somthing and I can't afford that on my own. Am I entitled to any money from our house? How much?
2 Answers from Attorneys
Re: Marital Property of 11 year marage
You have every bit as much right to remain on your property and in your house as your husband does. You also have a prima facial claim to one half of the marital property. Your father-in-law has no such claim ane merely because he arranged for the original financing for the property,
that in itself is not likely to confer upon him
a claim to any of the accumulated equity if he put up no money for the down payment nor made any of the mortgage payments nor made any other contributions to the property's increase in value to which he would be entitled to reimbursement.
If your husband attempts to force you from your premises where you currently have an absolute right to be, you will likely need to retain the services of counsel to ensure that he is not successful in this endeavor and that your rights are fully protected.
Re: Marital Property of 11 year marage
The answer is that it depends on what the deed says. If it it titled in the names of you and your husbad as "husband and wife" along with dad then you and your husband own half and dad owns half and you would be entitled to your half of the marital half. If the deed lists all three of you separately then you own one third.
You certainly own as much as your husband in any scenario.
I hope that helps.
Good luck
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