Marital home - equitable distribution

[TNgirlie]

Bought home 2 years after being married, he was in jail first year of marriage, so only living together for 11 months before buying house, mortgage and deed in my name, he has horrible credit, and he won't be able to get financed in his name (someone else may buy it for him though as a lease to buy). I want the house and can afford it. No equity in home and small downpayment. Both of us want it, who will get it? (This is in TN)

 

[army judge]

Bought home 2 years after being married, he was in jail first year of marriage, so only living together for 11 months before buying house, mortgage and deed in my name, he has horrible credit, and he won't be able to get financed in his name (someone else may buy it for him though as a lease to buy). I want the house and can afford it. No equity in home and small downpayment. Both of us want it, who will get it? (This is in TN)

I see no reason why HE should get the home.

HE has poor credit.

How can HE pay for the home?

You seem to have been making the payments on the home.

At least you did so during his incarceration.

Anything can happen in court, but from what you post, you are the most likely and qualified person to get the home.

 

[TNgirlie]

Thanks

I was looking for the legalities of the situation, and I guess from a legal aspect, either of us can be awarded the home, but from a practical standpoint, who's a better candidate to get awarded the home? We actually didn't buy the home until he was home from jail, approximately 11 months after. So from a credit standpoint, tax return, bank account, etc... all of that was secured by me for the loan on the home. We paid for the home out of a joint bank account though. Thanks!

 

[army judge]

Why not start over in another home?

Sometimes a fresh start gets rid of bad memories.

Let the bum have the house.

You can get one on your own with no memory of that creature.

 

[TNgirlie]

Mortgage crisis?

I don't know if you've noticed, but getting a mortgage this day and age is slim to none without really good credit and because all of mine is wrapped up in the first mortgage, I fall on the side of "none" to get approved for another house. Besides, I was wanting to buy a house before we got married, before I even met him and I had started all the leg work, it just so happens we got married in the middle of all that. Thanks for your thoughts though!

 

[army judge]

Life lesson for free: In life you can't always have what you want. But, you can always get what you need!

Screw owning a house, rent an apartment.

At least you aren't living with a bum and you have your freedom.