What rights does my husband have on the properties before our marriage in case of divorce? 39 Answers as of August 29, 2012I purchased my home in 2009. I got married in 2011. I am curious to know what rights my spouse has to the home in case of separation or divorce. He is not on the deed, we have not refinanced and none of his money was used in the purchasing of the home. Any advice would be greatly appreciated.
Reeves Law Firm, P.C. | Roy L. Reeves
The house is your separate property by inception of title. He has no ownership rights. He may have a claim for economic contribution if there were improvements made to the home during the marriage which increased the value of the home (such as adding a room, swimming pool, etc.) Sometimes people think they are entitled to half of the equity gained, that is wrong. The equity gained ensures to the title of the home. I have had people ask about money spent paying the mortgage and wanting half of that back. Good idea, except to make such a claim the home owning spouse is entitled to claim reasonable rents which are most likely more than the mortgage payments. Bottom line, he has no rights.
Answer Applies to: Texas
John Russo | John Russo
Depends on were you live some jurisdiction treat this issue differently then others. In many such as here in RI here is how it works. If it is like you claim you owned the house before the marriage, and you never put him on the deed, and he is not on any mortgage document, and or equity line on the property the basic rule is this; He would be entitled to 1/2 of any appreciated value in the real estate during the term of the marriage, i.e. You would need two appraisals, but on the date of marriage house is worth $200,000.00 at time of divorce $210,000.00 starting point is always 50/50 but that can shift, but don't worry about that, so he would be entitled $5,000.00 1/2 of the appreciated value during term of marriage. I would not worry most real has gone down not up over the past few years. So don't transmute asset, put name on anything, big difference between 5k and 105k, granted also subject to the debt but could be more costly, so keep name off.
Answer Applies to: Rhode Island
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Unless you purchased the house outright he has an equitable interest in the value of the house based on the fact that community funds paid the mortgage. Thus the equity would be divided by first deducting your down payment, any increase in value based on that amount and the rest would be a community asset in which he would have an interest. Since you haven't owned the house very long, you won't have very much equity over and above the down payment.
Answer Applies to: Washington
Cale Plamann | Cale Plamann
He would probably have some right to the equity accrued in the house during the course of your marriage as your income during the marriage would be considered 'marital property.' In other words, he 'paid' half of every mortgage check you wrote during the course of the marriage (even if you used separate accounts).
Answer Applies to: Wisconsin
Beaulier Law Office | Maury Beaulier
It makes no difference who is on the deed. There may be a marital portion of the home which is equity that can be divided, and there may be a non-marital portion which is not divided. Much depends on the value of the home and the loan balance at the time you marriage and at the present time. You should consult with legal counsel.
Answer Applies to: Minnesota
Lombardi Law LLC | SUZANNE LOMBARDI
In Alaska the question is whether the home has been transmuted into the marriage. If it was purchased before the marriage and no marital funds were used for the mortgage or the upkeep then you should be able to keep it separate. An attorney can better assist you with the details.
Answer Applies to: Alaska
Reza Athari & Associates, PLLC | Seth L. Reszko
I can't answer the question with absolute certainty however in general, the house would be considered separate property and your husband would not be entitled to any equity or value of the property. If the property gained equity during the course of the marriage, husband could argue that the value obtained during the course of the marriage is community property.
Answer Applies to: Nevada
Theodore W. Robinson, P.C. | Theodore W. Robinson
He probably has very little interest in your house - other than any marital money that was used to reduce the amount of any mortgage on the house during the one year of marriage. Hire a good lawyer to go over all the financials and then address the issue knowledgeably.
Answer Applies to: New York
Attorney at Law | John P. Rivers
The court will look at what has happened to the home since 2011 in regards to improvements made or any increase in value. In most cases, it would appear that the argument would be that a portion of the equity is not marital property and a portion of the equity may be martial property subject to equitable division.
Answer Applies to: Georgia
Roncone Law Offices, P.C. | John Roncone III
This is a common issue. Typically, premarital property is not subject to division. However, the other spouse could make a number of arguments to assert an interest in that asset. For example, he or she could assert an equitable interest in the appreciation of value (assuming there was) of the asset over the course of the marriage. The success of such arguments depends greatly on a number of factors which go well beyond the limited info of your post. This is a situation where an experienced family law attorney should be consulted.
Answer Applies to: Massachusetts
Fox Law Firm LLC | Tina Fox
If ALL of this information is true, then he does not have any rights. However, you may have done some things here and there to have to court consider it "marital" property. However, because of the length of marriage, we would agrue in your favor and more than likely, he would not have any rights to the property.
Answer Applies to: Illinois
Sedin Begakis & Bish | Mindy Bish
If community funds, ie: your earnings were used in the payment or maintenance of the home during marriage then he would be entitled to a money but not the property. If nothing was used then he would be entitled to nothing. This is a general statement of the law and there may be other facts which would affect the answer.
Answer Applies to: California
Glenn E. Tanner | Glenn E. Tanner
You can argue that a portion of the house is your separate property. The burden is on you to prove this. The court can divide your separate property but tends to give you back your separate. Unfortunately, a portion of the house equity is also community probably.
Answer Applies to: Washington
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
Your husband may not have any rights, but you should proceed as quickly as possible with the divorce. Have you considered Mediation? Mediation is Fast, Effective and Affordable. Check it out.
Answer Applies to: Florida
Law Office of Annette M. Cox, PLLC | Annette M. Cox
According to caselaw and depending upon the value of the home, there could be a community "lien" against your home. For example, if you used community funds to pay the mortgage, then you would have to consider taking a look at the formula to assess any community interest in it. You are going to need to consult an attorney to accurately calculate that value, whatever it may be.
Answer Applies to: Arizona
Law Office of Lynda H. LeBlanc | Lynda Leblanc
Indiana is a community property state. That means everything owned and owed by the parties regardless of title and date of acquisition goes into the marital pot to be split up. You may be able to argue that you have kept the properties completely separate and therefore they should be set aside, but if you've been paying the mortgage or taxes on them with your earnings during the marriage, they are comingled. Look for an attorney that does high asset divorces. There are ways to minimize your loss, but they are very fact specific. Good luck.
Answer Applies to: Indiana
Mary W Craig P.C. | Mary W Craig
Your home is separate property and remained separate property after your marriage. If your husband contributed to the home during your marriage, he may be entitled to reimbursement. In some circumstances, a judge may order the sale of separate property to reimburse the marital estate. I would not expect that you in your case, however, because you have not been married that long. I think your home is safe.
Answer Applies to: Alabama
McIlveen Family Law Firm | Angela McIlveen
Generally, the definition of separate property is found in section 50-20(b)(2) of the North Carolina General Statutes - all real and personal property acquired before marriage, or property acquired during the marriage by bequest, devise, descent or gift. Professional and business licenses which would terminate on transfer are expressly defined to be separate property, as is any increase in value to separate property and income derived from such property. However, the increase in value that remains separate is passive appreciation only, such as by inflation, market forces, third-party effort, or government action. Increases in value attributable to the marital unit, i.e., active appreciation resulting from the personal, financial or managerial contributions of one or both spouses, is marital. Many times property is dual classified. This is often the case when property is purchased before the marriage and then, during the marriage the non owning spouse either increases the value of the home by improving the property or helping to make payments on the property.
Answer Applies to: North Carolina