Is my husband still entitled to our house even if I bought it before we got married? 9 Answers as of October 31, 2013

He became permanent resident after I married him. We got married 2 yrs ago. I found out he got pregnant another woman. I'm filing annulment and he said he is entitle with the house in which I bought 8 yrs ago under my name.

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Ellis & Abouelsood | John Danelon
The house would remain your separate property, since you obtained it prior to marriage, unless you took some step to alter its designation, such as changed title. However, any community property used to improve or keep up the house, such as his income, would need to be reimbursed at his percentage, which is 50 percent in California. John P. Danelon NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to attorney-client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof. NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code; or (b) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
Answer Applies to: California
Replied: 10/31/2013
Abel & Zocolo Co., LPA | Jack W. Abel
Generally, property acquired before a marriage is considered separate property and is to be awarded to the spouse who owned it prior to the marriage. Although there are exceptions, in your case I would feel fairly confident that he would be entitled to nothing.
Answer Applies to: Ohio
Replied: 10/31/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
I doubt it. There may be a case that he is entitled to ? of the money used to pay the principle on the mortgage during the marriage, but that should be about it. Also, annulment is very particular; I think that you will find that it will be more likely that you will have to be divorced.
Answer Applies to: Idaho
Replied: 10/31/2013
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Before you do anything, please talk to a divorce attorney in your area. This is serious. These legal issues will affect you and your family for many years. You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
Answer Applies to: New Jersey
Replied: 10/31/2013
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
At most he may be entitled to any equity growth from date of marriage to date you separated. With the housing market still in recovery, its highly unlikely there would be much value, if any.
Answer Applies to: California
Replied: 10/30/2013
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    No. Your house is your separate property, potentially subject to a small Moore/Marsden community interest for principal pay down during the marriage before separation.? Whether or not you are entitled to an Annulment would be based on your grounds and your evidence.? It would likely be best for you to file for both a Dissolution of Marriage and an Annulment, so that you can go forward with a divorce if the Court denies you an Annulment. You would best retain (or at least consult) an experienced Family Law Attorney to advise and represent you in your family law case.
    Answer Applies to: California
    Replied: 10/30/2013
    Provda Law Firm
    Provda Law Firm | Bruce Provda
    Equitable distribution is hard to determine online, however, if you were only together 2 years in the house, it is unlikely he will get more than some equity if he contributed to the mortgage or repairs.
    Answer Applies to: New York
    Replied: 10/30/2013
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    You need a good lawyer in Georgia to contest this because it is not true. If you live in Georgia he is not entitled to the equity that you have in that house by virtue of a short marriage. How much did he earn while you were married?
    Answer Applies to: Georgia
    Replied: 10/30/2013
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    Nope. If you bought it before you were married and you haven't refinanced it or anything since then it is separate property and it is all yours. He is entitled to none of it.
    Answer Applies to: Arizona
    Replied: 10/30/2013
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