It’s not uncommon for only one spouse to be named on the deed of a home. However, if the Home was purchased during the term of the marriage, even if only one spouse is listed on the deed.
The names placed on the deed of ownership rarely matter. If it was bought during the marriage, the court will divide the asset in the same manner as if both names were on the property.
In doing so, the court will consider a number of factors when determining who has rights to the home during a divorce. All marital property is subject to equitable distribution under Rhode Island divorce laws. This means assets, earnings, personal property, real estate, and debts are distributed between the spouses in a division that is fair (in the eyes of the judge) but not necessarily equal.
There is no guarantee that one party will be awarded ownership of a home. Instead, the courts follow a process of examining contributing factors to determine the final outcome of homeownership.
These factors may include the length of the marriage, when the home was purchased, each person’s contribution to the purchase, payment and upkeep of the home, and each person’s income status.
Even if your name is not on the deed of your home, you may be entitled to full or partial ownership. Determining a home’s value and who will be awarded ownership is one of the most challenging aspects of divorce.
Contact our office today for help navigating Rhode Island divorce laws. Our dedicated team is here to help you understand the complex process of divorce and property division.
