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It depends. This is an issue that varies from state to state, so it depends on the relevant state's law. It also depends on when/how the home was purchased. If the wife purchased the home prior to the marriage, it may be considered pre-marital property, and therefore not subject to the divorce. If it was purchased with marital funds, it may be joint property, and may need to be divided in the divorce.

If you are considering divorce, you should make an appointment to speak with a divorce lawyer in your area right away. Family/divorce law is often complicated, especially when property, debts, and children are involved.

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Q: When divorce happens and the house is in woman name does the man have legal rights to the home?
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