Legal Question in Family Law in Kentucky

divorce

ny husband had an affair. and it been hard to get over it.but we have a house we both love. but i believe he has never stopped. what i need to know is if i leave the house willing and we go to court will the judge give the house to him because i left the house. but the loan is in my name.will i lose my rights to the house.and the other things will have buy together in the marraige. we don't have any kids together. we have a bussness also.

but the house is what i worried about

thank you


Asked on 10/01/08, 6:42 pm

2 Answers from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: divorce

Whether or not you move out of the house will have absolutely no effect upon your rights of ownership. The value of the house, less any mortgages or loans against it, creates the joint equity shared by you and your husband. If you divorce, the Court will divide this equity fairly between you and your husband, depending upon a number of factors, such as the source of any down payment, family contributions, etc.

The same type of division would apply to your family business.

A lawyer with expertise in Family Law will be able to review your financial situation and advise you concerning your rights. A lot of money is involved in your divorce, and you need to protect your interests.

You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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Answered on 10/01/08, 7:42 pm
Gregory Napier Troutman & Napier, PLLC

Re: divorce

While moving out won't affect your ownership interest in the house, you are asking about the practical matter of who untimately gets to stay in the house. Technically, it should not matter, but the truth is, once you are out of the house, it is harder to get back in. Unless staying there together is volatile, I would recommed taking the matter to court BEFORE you move out.

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Answered on 10/01/08, 9:51 pm


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