If I own my home before I got married and only been married for 4 months, does my spouse have the right to take half my property? 26 Answers as of March 27, 2013

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Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
No your spouse does not get half of the house. He/She may have a very small claim for a community property interest in any growth in the equity during the four months of your marriage, which might be nothing at all.
Answer Applies to: California
Replied: 3/25/2013
John Russo | John Russo
No.
Answer Applies to: Rhode Island
Replied: 3/25/2013
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
More than likely the home is your separate property. You need an attorney to assist you in this matter however to make sure that all of your interest is protected.
Answer Applies to: Georgia
Replied: 3/22/2013
Law Offices of Frances Headley | Frances Headley
Your spouse is only entitled to one half of any property that was acquired during the marriage. You should consult a family law attorney to review all of the facts and advise you what should be divided.
Answer Applies to: California
Replied: 3/22/2013
Fran Brochstein
Fran Brochstein | Fran Brochstein
Your spouse is entitled to half of the assets and debts accrued during the 4 month marriage. I would encourage you to talk to a family law attorney immediately. If you refinanced the home during the marriage, then you might have a problem.
Answer Applies to: Texas
Replied: 3/22/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    On these facts, the house is your separate property. Be sure to keep all the records showing that the house was yours before the marriage.
    Answer Applies to: Wisconsin
    Replied: 3/27/2013
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    Not necessarily. He may have rights to half of any equity in the home if there is any. But if this was a recent purchase that seems far fetched in this economic climate, many homes now only have debt tied to them.
    Answer Applies to: Nevada
    Replied: 3/22/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    No. It's your separate property unless you put her name on it. The community could have a small interest in the house.
    Answer Applies to: California
    Replied: 3/22/2013
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    No. The best he can hope for, assuming you did not make a gift of a portion of the house, would be reimbursement for half the payment of the principle if community property funds were used.
    Answer Applies to: California
    Replied: 3/22/2013
    Rebecca Rainwater
    Rebecca Rainwater | Rebecca Rainwater
    No they would not be entitled to half the property. however, If you used community property assets (earnings) to make payments for improvements, or payments that reduce the principal of a loan used to finance the purchase or improvement of the property your spouse may have a right to reimbursement of half the funds used. However you do not include payments of interest on the loan or payments made for maintenance, insurance, or taxation of the property.
    Answer Applies to: California
    Replied: 3/22/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    No, generally. You need an attorney and counsel so you understand your situation.
    Answer Applies to: Michigan
    Replied: 3/21/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    Did you do anything to indicate you intended to change the nature of the property from your separate property to community property (such as change the title to include her name). If not, then the property remains your separate property per California law, property acquired prior to marriage is separate. However, she may be able to be reimbursed for one-half of the principal payments made on the property during the period you were married (assuming there is a mortgage).
    Answer Applies to: California
    Replied: 3/21/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    No, your spouse does not. Your spouse is entitled to the fair market value increase in the price of the house since you got married.
    Answer Applies to: New Jersey
    Replied: 3/21/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Not in New York.
    Answer Applies to: New York
    Replied: 3/21/2013
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    No. In fact, maybe you should try to annul the marriage, instead of getting a divorce.
    Answer Applies to: California
    Replied: 3/21/2013
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Not unless you changed title or took other action to make the property a community asset. There may be a community or marital interest in your property if income earned during marriage is used to pay the mortgage, or make improvements, so be mindful of that.
    Answer Applies to: California
    Replied: 3/21/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    No.
    Answer Applies to: California
    Replied: 3/21/2013
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Georgia Law divides property according to the equitable interest and the fact that the house waqs bought before marriage works in your favor also.
    Answer Applies to: Georgia
    Replied: 3/21/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Probably not. However, there are a lot of issues, like has the spouse contributed to paying for remodeling, etc. I know that is probably not the case, but we have to consider all possibilities. Talk with an attorney and go over everything in detail.
    Answer Applies to: Idaho
    Replied: 3/21/2013
    Carey and Leisure | John Smitten
    No she gets zero.
    Answer Applies to: Florida
    Replied: 3/21/2013
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