Q: I was able to get my husband to quit claim our home to me. I refinanced the loan and paid him off.
Now I’ve been told (and I have not spoken to a lawyer) that he could still ask for get half of the house through a divorce settlement. He left me and I’m filing for divorce. He said he would not contest the divorce but he needs money.
Can he get the house?
A: The short answer is probably not. If you paid him off and he got his share of the home, it’s very unlikely that he would prevail and get the home in the circumstances you have outlined.
Keep in mind, however, that the home is only part of the divorce settlement. If there are other assets that haven’t been divided and there is value in those assets, depending on who owns the assets, he may owe you money or you may owe him money. You should really consult with a divorce attorney, not only about the house but about all of your assets.
Finally, the amount you paid your husband after you refinanced the home, would come into play in determining what amount he should be entitled to in a divorce, if he is entitled to anything.
Oct. 24, 2005.