Who's house will it be

[brigirl]

I met guy 1998. I bought a home in 1999. He moved in. In 2000 and 2001 we had children. In 2002, we married. In 2003, due to financial issues, we refinanced under his name. In 2008, a second mortgage was taken in both our names, putting me back on the deed.

If we get divorced, what rules are there for possession of this home?

 

[Duranie]

Can you afford the house on your own and will you be able to refi again to remove his name? That is a kicker becuase if you keep the house and it is still in his name, if you miss payments his credit is trashed. Whoever keeps the house should have to refi in their name only within 90 days or so. Is there any equity in the house at all? Most houses are upside down anyways. Right now both of you have a chance of keeping the home but really who can afford it after a refi into their names only? This needs to be worked out. If neither of you can afford the house you can try to sell it.