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08-30-2009, 12:29 AM
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Paying Mortgage, but my name not under title. ...
...Can my spouse take 50% if divorce? I am in CaliforniaHi, currently, i have taken out a loan to pay for the mortgage on a house that i do not have my name in the title. It's my parents'.If i were to get married and if then divorced, would my spouse be entitled to 50% of the appreciation of the house?How about what if she also pays for part of the mortgage as well?Also what if she doesn't pay the mortgage?
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08-30-2009, 12:58 PM
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If she pays part of the mortgage, she's entitled to her portion. If you're in a community property state and both spouses claim the home as their primary homestead, they both have a claim to the house.The best thing to do would be to sell the house and split the proceeds between you and your soon-to-be ex and your parents.
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