What Happens if our House is in my Spouse’s Parents’ Names during a Divorce?

If your house is in your spouse’s parents name, this can cloud the issue of the disposition of the home.  It depends on the circumstances surrounding why the house is in your spouse’s parents’ name.

If your spouse’s parents purchased the home for you and your spouse and charged you rent, but never had any intention of you keeping the house, then this is typically treated as a rental property and you would not get any equity out of the home.

If the parents purchased the home with the intention that you would pay them for the home (i.e. you have a mortgage through them), then the home’s equity would be divided equitably.  If the parents bought the home outright and gave it to you and your spouse, then value of the home would be divided equitably.

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