im in the middle of getting a divorce and my wife wants to take the house that we have lived in for two years but her name isnt on the loan can you take the house from me?
Answer
If the house was purchased during the marriage, even if her name is not on the mortgage or the note; she may have a marital interest in a share of the property. Everything purchased during the marriage with funds earned by either husband or wife is marital property and the court must equitably divide marital property.
Answer
Her name on the loan or not is irrelevant. Ms. Bates Buchanan give you a great synopsis of the law. Seek legal help.
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