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Answered 2007-06-27 03:28:06

If it's the primary residence, both spouses have equal rights of ownership regardless of whose name is on the deed or mortgage. Second homes or investment properties do not apply to this. The court assumes "tenants in common" ownership for any married couple regarding their primary residence. (there may be an exception in some states if the house was owned by one person before they got married, and now the spouse lives there too - ask a lawyer if that's the case)

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