Does the wife get to keep the house in a divorce?
If that spouse takes specific steps to keep the house as a separate asset during the marriage, then he or she will get to keep the house in a divorce. If a spouse moves in and starts making contributions to paying the mortgage and the upkeep of the home, then the house can become a marital asset.
Can a divorce stop foreclosure?
Depending on whether one spouse wants to keep the home or neither spouse wants the home, you may have certain options to prevent the foreclosure. If only one spouse signed the mortgage and the promissory note, they would be the only person responsible for the associated debt after a divorce.
Can a wife lock a husband out of the house?
No, she legally may not lock you out of your matrimonial home. Neither spouse can lock the other out of the home they shared as spouses unless and only if there is a court order requiring it (e.g., a protective order barring you from the house), or after disposition of the home is determined in the divorce.
What happens if my husband changed the locks?
Yes, you legally can change the locks. Of course, you’re still married, so your spouse has just as much of a right to be in the house (or apartment, or condo) as you do. This means your spouse can get a locksmith to pick the lock and get back in. If he or she really wants to get back in the house, it will happen.
Should my wife’s name be on the mortgage?
Many spouses choose to buy homes together by obtaining a joint mortgage. However, if one spouse can qualify for a mortgage based on his own income and credit, the mortgage does not need to be in both spouses’ names unless you live in a community property state.