Home Ownership


#1

My girlfriend is separated from her husband. The marital house is deeded to her and the loan is in her name. He resides in it.

Also, a car is titled in his name and the loan is in his name, but she has possession of it.

What happens to these assets after divorce is final?


#2

If the home is martial property (purchased by your girlfriend prior to the marriage) it is her separate property, if the home is martial it will either be sold, and the proceeds split, or one spouse will be distributed the home and will have to refinance the loan and buy the other spouse out.
The same goes for the car.
Your girlfriend will need to either execute a separation agreement with her spouse prior to divorce, or she will have to file an action for equitable distribution prior to the divorce being granted, or she will lose her rights to have the property distributed by the courts.