What Happens To The House In A Divorce When One Spouse Owns It And The Other Is On The Title?
What happens to the house in a divorce when one spouse owns it and the other is on the title? Min Austria Assistant at Ascent Law LLC Many people have wondered about this. Suppose your name is on the deed, but you never paid down the mortgage? Or what if one of you paid more than the other? What happens when you get divorced? There's an easy answer: whoever owns the house keeps it. It's yours. That's right, your ex-partner can't just take it, even though they were a major contributor to it. Why? As a result of a case called "Vandiver v. Vandiver" , there's a rule that says each party has to be equally responsible for any debt that was incurred during their marriage. Since whoever holds title to the property is considered responsible for any unpaid balance, if for some reason you can't pay off what's owed on your house when you separate or divorce, then technically, your ex-partner would have to cover it. This also means if your name is on the title...