I need legal advice on what my husband may be entitled to..?

I was previously married but my husband was killed and I was left with his life insurance. Down the track I met my now husband and I purchased our house outright with the insurance money. A few years in we got mortgage against the house so that we can purchase two new cars and are still paying this off for the next 25 years.


If my husband and I were to divorce is he entitled to any of the house seeing I paid for it with my money I had before we met? As for the loan we have together he is also responsible for half of the debt right?I need legal advice on what my husband may be entitled to..?
1. If you were married when the home was purchased, it is considered community property and will be divided as such.





2. If you were not married when the home was purchased, but he has contributed to the re-payment of the loan, it will be considered community property and divided as such.





Unless you bought the home before you were married, and paid the loan with your salary only, or the most significant part by your salary alone, he is entitled to the home.I need legal advice on what my husband may be entitled to..?
If you bought the house before you were married and it has only your name on the deed, then your lawyer should be able to get the house for you in a divorce settlement, but your ex could argue it as marital property, and depending on how good his lawyer is, win. The debt would also be half his, but why are you paying off two cars for 25 years? Are neither of you working? You need to be doing some serious financial restructuring before you file for divorce.
He won't be entitled to your house and yes, any debt you create together, he is half responsible for. The problem you might have is the fact that you've tied your house into this debt. If you divorce, you'll have to re-mortgage in your name and if he doesn't have the means to pay you in one lump sum, it might be difficult.





I would sell the cars and use the money to pay down the debt. (Why didn't you just get auto loans???That was a bad idea...)


Anything left over should be divided between you both.





You need to talk to a lawyer ASAP.
As long as you were not married when you purchased the house you say in your post ';our house'; if you were married then he can go after the equity in the house. No it does not matter that the money came from your husband that died if you were married when you purchased the house.As far as the loans yes he would have to pay his half.
If the house was purchased after you were married, and more inportantly, if his name is on the deed, then yes its half his.





It doesnt matter where the money comes from, once you are married it all because OURS, not mine and yours......
The mortgage is the key... if he's been paying on it, he can claim equity on it.
You answered your own question. Legal advice needs a lawyer. Laws vary from state to state. In Ca. the spouse is not entitled to inheritance. Is the house in your name only ? Yes he is responsible for half of the debt on the cars. You were right in saying you will be paying for the cars long after they are gone. Home equity is fine if you use it properly. Pay the loan off early as if it were a car loan. If all else fails then maybe he will MAN up and pay for his half and not try to take any money from the house as you paid for it. See if you can come to an agreement.