Q: My wife wants a divorce and wants half the house I am disabled and I can not work I want full custody of the house
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- Georgia
- (770) 854-0777
- View Profile
- Answered
A: You need to speak to an attorney about your situation. In general, equity in a home is marital property and subject to division. There may be exceptions to that based on your unique finances and situation.
A: Custody pertains to children in a divorce. If you want to be awarded your current residence in your divorce you would have to petition the court for that and other relief. Also, you would have to be able to afford any current mortgage on said residence, unless it is fully paid for at that time. And if so, your spouse could be asking for their share of equity, even if you are being awarded the actual home. The court will then decide the terms of the other spouse being removed from the mortgage and whether or not any equity will be awarded to the spouse who will be signing a deed, giving away their ownership interest in the home.
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