My husband has properties before we got married, if I divorce him will I still get some shares of the property? 28 Answers as of September 18, 2012

Does the law favor me to get share from properties owned by my husband before he married me now that we are divorce?

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Victor Varga | Victor Varga
If marital funds (any income/assets earned/amassed during the marriage) were used for the maintenance, upkeep, repairs, mortgage, etc., then you would be entitled to a marital share.
Answer Applies to: Maryland
Replied: 9/18/2012
Law Office of Melvin Franke | Melvin Franke
It depends on whether they were converted to marital property. Even if they weren't, the Court will take into consideration the value of all assets.
Answer Applies to: Missouri
Replied: 9/12/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
NO! Property acquired prior to marriage is separate property and the court cannot award you his separate property as a division of the marital estate since the marital/community estate does not own the property. There are claims for contribution, reimbursement, etc. that you may need to look at, but as for just getting half of his stuff that he owned prior to marriage, that is not permitted by law.
Answer Applies to: Texas
Replied: 9/12/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If the property was owned by your husband prior to the marriage and never co-mingled as a marital asset, he will likely be awarded the property as his sole property in the divorce. It is most likely you will have no claim to these properties.
Answer Applies to: Michigan
Replied: 9/12/2012
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Generally, in Colorado the answer is no. You may be entitled to a share of any increase in value of the properties that occurred during the marriage. How you can be compensated for those increases will be one of the many issues to be decided in the divorce case.
Answer Applies to: Colorado
Replied: 9/12/2012
    Steven Alpers | Steven Alpers
    Unfortunately, part of the definition of separate property is property owned before marriage. There could be a change into community property if he gave you a gift or the property or you may be able to get 1/2 of community funds if some were used to improve the property.
    Answer Applies to: California
    Replied: 9/12/2012
    Law Offices of Frances Headley | Frances Headley
    Whether or not the community has gained an interest in his separate property that he had before you were married depends upon whether the community has contributed to those properties. You should consult a family law attorney to review all of the facts and determine what if any interest you may have in the properties.
    Answer Applies to: California
    Replied: 9/12/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Properties owned prior to marriage are sole and separate, and not subject to division in a divorce; however, if "community" assets were used to pay toward these properties, you might be entitled to some reimbursement. I recommend you speak with an attorney to determine your best course of action.
    Answer Applies to: Arizona
    Replied: 9/12/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Any assets obtained prior to marriage are considered separate property. The exception is if he put your name on them, then they become community property. The marital community may have an interest in these properties if community assets were used to make payments or maintain them.
    Answer Applies to: Nevada
    Replied: 9/12/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    If you are already divorced the agreement should have covered this. You do not have an interest in properties owned prior to the marriage. This question cannot be answered without a complete review of the financial circumstances and assets of the parties. Basically, the husband had a "special equity" in property he owned prior to the marriage. You do not state whether there was a pre-nuptial agreement.
    Answer Applies to: Florida
    Replied: 9/12/2012
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    In SC, it sounds like this would be considered non - marital property. However, you should consult with a local attorney before making any decisions as there are several other factors that would need to be known in order to advise you properly.
    Answer Applies to: South Carolina
    Replied: 9/12/2012
    Walpole Law | Robert J. Walpole
    No, unless he added your name to the property(ies).
    Answer Applies to: Oklahoma
    Replied: 9/12/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Properties he had prior to marriage are his separate property unless he made payments on them with community money.
    Answer Applies to: California
    Replied: 9/12/2012
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    It depends on whether any marital money went into the properties, and if so, whether they have equity.
    Answer Applies to: Ohio
    Replied: 9/12/2012
    Peyton and Associates | Barbara Peyton
    If he owed the properties without mortgages before you married him then you are only entitled to one-half the value of whatever money was used to improve them during your marriage. If there were mortgages on them when you married him, then you are entitled to roughly one-half of all mortgage payments made during the marriage and one-half of all improvements made to the properties.
    Answer Applies to: California
    Replied: 9/12/2012
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    If he owned the properties outright prior to your marriage, and no marital funds were used, then you would most likely not have any claim to any share of the property.
    Answer Applies to: Florida
    Replied: 9/12/2012
    John Russo | John Russo
    Depends, The general rule is that only the appreciated value during the term of the marriage is included in the marital estate, e.g. net property value at time of marriage 500,000 net value at time of divorce 600,000, if you are in a no fault jurisdiction then you are most likely entitled to 50% or 50,000.00, Now there are so many exceptions and if there is a number of properties retain a good divorce attorney, not just an attorney. The court will not help here and you could miss out on a large amount of money.
    Answer Applies to: Rhode Island
    Replied: 9/12/2012
    The Law Offices of Tres A. Porter | Tres A. Porter
    generally speaking....NO. Property owned prior to the marriage is considered separate property. However, if he spent money earned during the marriage on the property, you may have a right to reimbursement.
    Answer Applies to: California
    Replied: 9/12/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    The only marital portion of your husband's pre-marital assets is the appreciation in the value of or equity in the properties to the extent that marital funds were put into the properties or he actively managed them.
    Answer Applies to: Florida
    Replied: 9/12/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Generally not but there are exceptions.
    Answer Applies to: Michigan
    Replied: 9/12/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Property owned prior to marriage is separate property, although if mortgage payments were made during marriage with community property funds, then the community acquires an interest which should be bought out.
    Answer Applies to: California
    Replied: 9/12/2012
    Law Offices of Richard K. Jolliffe | Richard K. Jolliffe
    Generally speaking, any property either of you owned before marriage is the separate property of the party owning it. Unless you made some arrangements previously to have its "character" changed to community property, you would not have any claim to a share of it.
    Answer Applies to: California
    Replied: 9/12/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If the properties have always been titled in his name, no improvements have been done, and you haven't contributed to the costs of the property, it's likely they will be considered his separate property, But it can be a fact specific situation, so you should consult in person with a lawyer to discuss your specific situation.
    Answer Applies to: Georgia
    Replied: 9/12/2012
    The Miller Law Firm, P.C.
    The Miller Law Firm, P.C. | Richard J. Miller
    No, you have no claim to any of his properties if he acquired prior to marriage.
    Answer Applies to: Illinois
    Replied: 9/12/2012
    Mary W Craig P.C. | Mary W Craig
    The properties that your husband owed prior to your marriage are separate property, and you are not entitled to a share of them. However, if the only way the judge can equitably divide the property is to award his separate property to you, or to order some of the separate property sold and the money paid to you, then the judge may do that.
    Answer Applies to: Alabama
    Replied: 9/12/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    In PA, generally speaking, property acquired during the marriage is subject to equitable distribution. A spouse is also likely entitled to some portion of the "increased value" of the property acquired before the marriage.
    Answer Applies to: Pennsylvania
    Replied: 9/12/2012
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