Legal Question in Real Estate Law in Indiana

Legal right to home

I purchased my home several years before I remarried. Since my marriage, I have refinanced my home with my hisband, but have not added my husband's name to the deed of the house. My husband has not worked in over a year, and has not contributed to the support of the home at all. If we separate and divorce, is he entitled to part of my home even if his name is not on the deed?


Asked on 12/15/02, 9:00 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Legal right to home

I suggest you resubmit your question as a family law or marital matter rather than real estate. Ever since I could afford to be selective in cases I accept, I have declined family law matters because I like a chance to have a satisfied client. Family law seems to have a lower quotient of predicatability, I suppose because so much of the result depends upon the equity of the situation. I doubt anyone will give you a clear answer about this over the internet because the particular facts of the case make all the difference. See a local attorney with experience in divorce law. Contact your local bar association for a referral if you do not know anyone you like. To answer your question, your husband does not have a "legal" right to your home, but he may have an "equitable" interest of some sort which would be determined by the judge in the divorce case.

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Answered on 12/15/02, 9:27 pm


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