Q: Plaintiff states that the parties herein are owners of real property, Does this mean that we own a house or land?
My wife has filed for divorce and this is one statement that was listed in the complaint. We were renting the house we were living in together, and neither of us owned a house or land. After my wife moved out of the house we were living in, I found an application for a mortgage that she had completed in March of last year, and I think she has purchased a house, that she is residing in, but the divorce papers were just served to me. If she has done this, is there anything I can do about it?
A: If your question is, can your wife buy a house without your knowledge and mortgage that house, I would say yes, unless the house is your homestead. If the house is your marital home, neither party can mortgage that house without the consent of the other. The divorce court will decide who has what right to property that was either used or acquired during the marriage. If the house she bought fits that description, then it may be divisible marital property which the Court will divide between the two of you. Take the paperwork that was served on you and get to a lawyer. Don't try to do this by yourself.
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