Will my home be considered a mutual asset after marriage? 28 Answers as of November 28, 2011

I don't know what a "mutual asset" is. If you owned a home before marriage, you may have some separate property interest in the home or it may be all community or all separate, depending on numerous facts. Often homes a mixture of community and separate. An experience family law attorney in Washington can help you figure that out.

Anything that you acquired, including your home, prior to your marriage is your separate property. She is not entitled to any of it (unless major improvements were made to the home during marriage that would increase the value of it).

As long as the title to property you owned at the time of marriage remains in your name alone, it will be considered your separate property in any later divorce action. However, appreciation in the value of separate property during the marriage will be considered marital property.

In most cases, a house you own before marriage is not subject to equitable distribution to your spouse. There are exceptions, and I would need to talk to you and get more information to give you a definite answer.

The marital estate is that acquired by the parties from the time of the wedding to the time of the filing of the complaint for divorce, which is not received as a gift or inheritance.

Under Washington state law, whether the home continues to be separate property or has a community property interest after marriage depends on the specific facts, including: whether improvements were made after marriage increasing its value, whether it was re-financed, whether title was placed in the names of both spouses. Regarding the car, if it was acquired during the marriage, it is community in character regardless of who is on title. Consult with an attorney who will be able to elicit the specific information necessary to advise you.

Property owned prior to the marriage is not marital property as long as it is retained in the name of the individual who owns it. There are other considerations of which you should be informed. I suggest that you enter into a pre-nuptial agreement and retain a lawyer who can advise you.

Property owned prior to the marriage is separate property unless you do something to change it.

If you owned the home in your name only before you got married, if you live in Florida, most likely it will NOT be a marital asset to be divided in a divorce.

If you owned the home prior to the marriage, it will not be considered a marital asset.

The easiest way to prevent it is to get a prenuptial agreement done. This will save you thousands of dollars in legal fees and tons of hassle later.

Absent a prenuptial agreement, all assets are deemed marital in a divorce unless proven otherwise. Categories of non-marital assets include those that the person had before marriage. if you owned a house before marriage, but continued to pay on the mortgage during the marriage, a portion of the value of the home would be considered marital and a portion would be considered non-marital.

In California, property owned before marriage usually would be considered separate property that would not be divided between the parties. However, in the case of a home, if you were using community funds to pay for the mortgage on the home during the marriage, then there will be a community interest, meaning your spouse would still be entitled to a share of the equity. As far as property in only one spouse's name, it still can considered community property, or a "mutual asset" as you put it, if it was acquired during the marriage.

The best way to protect yourself is with a prenuptial agreement and do not add her name to the deed or mortgage or title of the vehicle. If the house is paid for, it will be a non-marital asset. If it's not paid for, it may become partially marital with her having some interest in it, even if you don't add her name to the deed or mortgage.

The home will continue to be your separate property, but the marital community could gain an interest in the property if the mortgage and related expenses are paid with community property income during your marriage. Same applies for any vehicle.

No, your home should remain your sole property unless during the course of your marriage, your spouse contributes her capital and/or labor to its maintenance and/or increase in value. (And, no, maintenance in this context does not mean sweeping the front porch nor cleaning the bathroom.) The car should continue as your sole property under the same rationale and not be classified as marital property.

More facts are needed to properly answer your question. However, as a general rule, if you paid down the principal of the mortgage during marriage with your income (which is a community asset) or paid for improvements to the home with your income during marriage, then the community has acquired an interest in the home. Meaning, there is a separate and community interest that needs to be determined. Upon divorce, when the house is divided, you will get all the separate value of any net equity, and half the community portion of any such equity. As for your car, if you bought it during marriage with community income, then it is a joint asset, regardless of whether only your name is on the title. It would be best to consult with a local family law lawyer to learn your rights and develop a plan of action to manage your divorce.