Me and my fiancee bought a house right before my divorce was final. Mediation was already complete.My divorce was final april 17th and the h...

Question

Me and my fiancee bought a house right before my divorce was final. Mediation was already complete.My divorce was final april 17th and the house paperwork was signed april 2nd. Now that my x husband has found out about the house he wants half of the house. Does he have any rights to the house? My name is only on the house due to the buying credit that was offered by the government which is if u had a house previously and had lived in that house 3-5 yrs of ownership u qualify for a buying credit of 6500 dollars. I used no money from the past marriage to buy the house. The other monies used were the fianacee's money. He has proof of that. Does the x husband have any rights to this house? Does he have any leg to stand on?

Answer

Based on the facts described in your inquiry, your former spouse has no right to any share of the house. A spouse has only a fair share of marital property; the house is not part of the marital property.

Answer

While you should have waited until the divorce was final before closing on the house, nevertheless, assuming the facts are as you represent, he has a very weak case. You would really have to get on the judge's bad side for him/her to consider your interest in the new house to be "marital" property.

Frankly, until and unless your ex formally pursues this in the Court, I wouldn't worry about his threats and "wants".

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

Sincerely, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

Answer

I agree with my colleagues and just want to add - as long as the facts that you presented are correct and you can show that the money used to purchase the house was in fact NOT any marital funds - then he does not have a leg to stand on. He's just angry that you have moved on. If he continues to harrass you then file a report with the police for stalking.