When your spouse files for divorce, it’s a huge blow to your sense of financial and domestic security. It can cause a lot of concern, especially when it comes to where you will live and how you will take care of yourself. Whether or not your spouse can toss you out of the home and into the streets depends in large part on whether the home is marital property or a premarital asset that your spouse brought into the marriage. If you bought the house together, you have a partial claim to it even if you’re not on the mortgage or the deed. If your spouse bought on the house before you were married, it might be considered premarital property.
If you have not worked since you’ve been married, or your spouse makes significantly more money than you, it’s possible you’ll be entitled to alimony. Depending on your case, the home might be considered part of your alimony settlement, and you’ll be entitled to continue living in it. This can often be the case even if the home was a premarital asset that you did not have a part in buying. You might have contributed to the maintenance and care of the home, and that means you have rights when it comes to living there or being entitled to part of its value.
It’s absolutely necessary to consult an attorney for help in a matter like this. If you have nowhere else to go, you want to make sure your rights are protected. Seek legal counsel from a qualified family attorney who can review your household finances and protect you against losing your home in any potential divorce action.
This post was written by David Hurvitz. Follow David on Google+.