How do I know if our home is considered marital property?

Question: My sister-in-law is buying my wife a condo. We are in the process of getting a divorce, but we will be living together in the condo and paying some rent to my wife’s sister. My wife has asked me to sign an agreement stating that I understand I have …

Should I take the kids and move out of the marital home?

Question: My wife and I are separated and I am contemplating some strategic divorce moves. I would like to move out of the marital home with the children, file for divorce, and give her 30 days notice that I will no longer pay her insurance or provide her with any …

Can I leave the home without a concern for abandonment?

Question: I would like a legal separation pending my divorce. Can I legally leave a bad marriage and the marital home without a concern for abandonment?

Marital home and an underwater mortgage

Question: When a divorcing couple owes more on the marital home than what the property is worth and one spouse wishes to keep the property and assume all the mortgage debt, does that person have to buy out the other person since there is no equity in the property?

When is a home considered marital property?

Question: A few years after we married, my wife and I built a new house. The deed and mortgage is in her name. She is threatening to sell the house, kick me out, and keep all the proceeds from the sale. What are my rights? Is the home considered marital …

Transfer of home ownership upon death

Question: We live in a house that is currently in my mother-in-law’s name but will be inherited by my wife, according to her mother’s will. My wife and I have discussed divorce and she claims that I have no ownership interest in the property despite the years of renovations I …

Can I force my ex-wife’s name off the marital home’s mortgage?

Question: I am a tenant in common on my marital home with my ex-wife. I am responsible for mortgage payments, though we are both on the mortgage. I am attempting a modification on the loan to keep the rate low and lower my payment, but my wife says she will …

Can I move out of the marital home with my kid during the divorce if my wife doesn’t approve?

Question: My wife and I are getting divorced, but we’re both still living in the marital home. It’s a toxic atmosphere for my child. I have an alternate living arrangement made that will make for a much better life for my child and I. Is it legal to move out …

Marital homes and quit claim deeds

Cordell & Cordell attorney Andrea Miller

Question: As part of our divorce, my wife was given exclusive possession of the marital home. She wants me to sign a quit claim deed so that the house is solely in her name. However, when we tried to refinance with the bank in just my wife’s name they wouldn’t …

Are assets acquired during separation considered marital property?

Question: If a couple has been living separately but do not have a legal separation, are assets acquired during the separation considered marital property?