Posted on: 30th Nov, 2010 01:17 pm
My wife decided that she does not want to be married to me anymore and a divorce seems imminent. Right before our marriage she was about to go into foreclosure for not being able to make the balloon payment on her 2nd that was a year overdue. When we got back from our honeymoon, we refi and saved the condo. In total, I helped pay the mortgage for almost two years (one year as boyfriend and the second year as husband) as well as put down a small amount of money for the refi. I am not on the title but only on the mortgage. She is telling everyone that I am not going to get a cent because of this and laughing about me thinking that I am on the title. My question is what will a judge most likely do in this situation. Can he order her to refi to get my name off the mortgage and possibly award me a certain percentage of the equity when sold? I know I wouldn't be entitled for half the equity because she owned the condo for years prior to meeting her but at least something.
Hi blakejohnathan,
As your name is not on the property title, you won't be able to claim any share of the property legally. However, if you can prove that you've paid the mortgage, then there are chances that the lender will consider your case and you may receive a certain portion of the equity when your wife refinances the mortgages in her name.
Thanks
As your name is not on the property title, you won't be able to claim any share of the property legally. However, if you can prove that you've paid the mortgage, then there are chances that the lender will consider your case and you may receive a certain portion of the equity when your wife refinances the mortgages in her name.
Thanks
There is no blanket answer to your question.
It depends on what state the proiperty is located in.
For example, in New Jersey you own the marital home whether you are on title or not
It depends on what state the proiperty is located in.
For example, in New Jersey you own the marital home whether you are on title or not
