Legal Question in Family Law in Alabama

If a couple owns property such as a house, however the house loan was only approved under the husband's name (credit) because the wife has bad credit. of course due to the law in AL the wife's name is also on the Deed because they are married. Since we are about to divorce, I would like for her to keep the house however if she is not approved to take over the mortgage in her name I'll then decide to take it as the second option. since we agreed that she keeps the house. would the judge try to sell it if she wasn't eligible to take over the loan due to bad credit or would they consider for me to keep it after she fails?


Asked on 5/04/10, 10:46 am

1 Answer from Attorneys
James Coleman Murchison & Howard, LLC

Whoa, there! "Of course due to the law in Al(abama) the wife's name is on the deed because they are married" That is not so. The house is divisible marital property because if was used or acquired during the marriage, but that does not mean that her name is on the deed. The judge has a wide variety of options here. If the judge believes the value of the house should be divided and one cannot buy the other out, the house will probably be sold and the proceeds divided.

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Answered on 5/11/10, 12:23 pm


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