The person who initiates the divorce gets the house and the other person gets the personal items.If you wanted to get a divorce and your husband refused, you would have to file for it in court. You would probably end up getting half of his possessions. He would get half of yours.When you sign your marriage license, you are giving up any claim to your half-brothers property. He is entitled to it as long as he lives there. In order for him to inherit your husbands half of the property, he would have to move in with you. If he does this, then all of his property would become yours and your husbands would become his.
Why does wife keep the house after divorce?
The divorce decree grants the husband the right to stay in the house (for accommodation). This is an arrangement by mutual consent between the two spouses.In case of a separation, or when the marriage ends through divorce, both spouses regain their independent personalities. The husband and wife are legally free to live in the house, or separate from it. They maintain total freedom in this matter, but one common practice is that the husband may invite his parents to stay with him in case his wife does not want them to stay with her.This is not required by law and there is no obligation for the wife to allow this or for the husband to seek this kind of accommodation with his parents. It is just a request on his part.
Does the wife always keep the house in a divorce?
It all depends on individual circumstances, however, the most likely answer is yes, the wife will usually keep the house in a divorce. This is due to the fact that if a marriage ends in divorce, then the husband would be required to pay maintenance to the wife and this could be in the form of a weekly allowance or payments towards household bills. The wife may also have access to their partner’s income should they decide to take money from their bank account/investments/household goods/car.If the wife decides to move out of the house then they may need to find alternate accommodation or might be able to stay with family members if they are able to afford it. If the husband is not working then it may be difficult for him to acquire rent/mortgage payments so he may need to continue staying with his parents or alternatively rent out a room in the house or find lodgings on his own.
When divorcing How is the house split?
The house is a significant financial asset and reflects the net worth of the parties. It is therefore a common practice for the husband to contribute financially towards purchasing the wife’s share in the marital home.The concept of ‘earned income’ and ‘need’ are often used to determine the division of property. However, these concepts are not based on objective criteria and may change from case to case.The courts generally take into consideration each party’s earning history, financial resources, level of education and skill, and standard of living.In most cases, it is likely that the husband will contribute towards purchasing the wife’s share in the marital home. This is due to the fact that he is generally the more financially stable party in the marriage.