Will my soon-to-be husband get half of my house if we divorce in the future? 28 Answers as of June 27, 2013

I own a house where I am live now. I am going to get married, if we are not together in the future, he will get half the house from me?

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The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
No, he will not receive any equity you built in the house prior to the marriage. However, if you keep the house during the marriage, any equity you build after the marriage is marital, and he is entitled to half of that.
Answer Applies to: Ohio
Replied: 9/27/2012
Blough Law Office | Janis L. Blough
You should hire an experienced attorney and get a prenuptial agreement providing that you get the value of the house at the time of the marriage in addition to your share of the marital estate.
Answer Applies to: Michigan
Replied: 9/25/2012
Law Office of Melvin Franke | Melvin Franke
It depends upon the facts leading up to & at the time of the divorce
Answer Applies to: Missouri
Replied: 9/25/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If you own the house prior to the marriage and keep the house in your name, he would not be entitled to one-half. He may be entitled some portion depending on its increase in value and his contribution to that increase.
Answer Applies to: Michigan
Replied: 9/25/2012
Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
If you own the house prior to the marriage and do not add him to the deed after you marry, then the house should remain your sole and separate property. This means that if you later divorce, he would not have a claim to ownership of the house (but he might have a claim to be reimbursed for money spent on the house, like the mortgage or repairs/maintenance) during the marriage. I recommend you consult with an attorney who can provide you with more specific information, and that you also obtain information about whether a prenuptial agreement would be appropriate in your situation.
Answer Applies to: Arizona
Replied: 9/25/2012
    Ezim Law Firm | Dean Esposito
    No, if you own it before you get married it is your separate property and your subsequent marriage will not change such.
    Answer Applies to: Louisiana
    Replied: 9/25/2012
    Law Offices of Pamela R. Lawson | Pamela R. Lawson, Esq.
    No he will not if you follow some basic rules, such as: 1. Do not put his name on the house; 2. you pay the mortgage payments (if you don't have sufficient money, then he needs to give you a "gift" every month in the amount of the mortgage. 3. If he is willing, have him sign a document stating that the house is your separate property and he understands and agrees that he will not have any financial interest in the house after the marriage. I don't know your specifics, but something like the foregoing will be required to ensure that the house remains yours.
    Answer Applies to: Nevada
    Replied: 9/25/2012
    Attorney at Law | Michael P. Vollandt
    Keep it out of his name. Deending on what is left on mortgage and community funds are used to pay the mortgage ther could be a small amount of community estate in it not not much. If you put his name on the deed as a joint tenan or other, then under the "Mathews" case he is 50/50 with you.
    Answer Applies to: California
    Replied: 9/25/2012
    Burke Law Group PLLC | John Burke
    In Washington, your house that is owned by you before your marriage will normally be characterized as your separate property. Typically, that means that it will not be part of the community property that you and your husband accumulate after marriage, that would be divided up if you happen to get divorced some time in the future. However, there are ways that the community could have financial claims against the separate property home, depending upon subsequent improvements made to the home, the payment of the mortgage, and any other factor that may be a significant community investment of money or time in the house. While you could rely on the statutory law to protect your investment in the home, many individuals enter into prenuptial agreements that clearly preserve separate property ownership of the home under any of the previously mentioned conditions.
    Answer Applies to: Washington
    Replied: 9/25/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    No. Georgia is not strictly community property but looks also at equitable interest.
    Answer Applies to: Georgia
    Replied: 9/25/2012
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    In Wisconsin, that is the presumption if it's acquired during marriage; you can privately contract around that if you so choose though.
    Answer Applies to: Wisconsin
    Replied: 9/25/2012
    Danville Law Group | Scott Jordan
    No, not necessarily. The house (and for that matter any personal property) which is owned prior to the marriage is your separate property. However, if any community earnings are used to pay the mortgage, maintenance, etc., he would have a claim for reimbursement. If you want to avoid any possible confusion, you can enter into a pre-marital agreement (pre-nup). You should consult with an attorney first.
    Answer Applies to: California
    Replied: 9/25/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Have you considered a 'prenuptial agreement'?
    Answer Applies to: Florida
    Replied: 6/27/2013
    Steven Alpers | Steven Alpers
    If you owned it prior to marriage it is separate property. If you keep it in your name only it will remain yours. If you add his name there will be a question if it is partly community property. If you have to refinance see if you can put on the papers that his name is only added by demand of the loan company not intended to be a gift to him. Or get him to sign and notarize a papers saying the same.
    Answer Applies to: California
    Replied: 9/24/2012
    The Children's Law Group | Tamara Chin
    Do a prenuptial agreement.
    Answer Applies to: Washington
    Replied: 9/24/2012
    Peyton and Associates | Barbara Peyton
    If you acquired the house during your marriage, the house is community property. This is true even if you owned it before marriage but payments were made on it during marriage. You probably need to meet with an attorney to discuss this issue.
    Answer Applies to: California
    Replied: 9/24/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Why are you getting married if you are already thinking about divorce?
    Answer Applies to: Michigan
    Replied: 6/27/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    He, generally, would be entitled to the increase in the equity of the house during the marriage. However, and as a general note, if you are worried that this might not last you would be wise to see an attorney first for an ante-nuptial agreement, that is if you really want to go forward with this relationship.
    Answer Applies to: Michigan
    Replied: 9/24/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    It depends. There are ways to protect property to prevent it from being part of a divorce. I strongly suggest that long before you get married in Ohio, you consult with an attorney about an prenuptial agreement and also the effect of a transfer-on-death affidavit. Neither of these may be appropriate for you, but it should be a good start to the conversation.
    Answer Applies to: Ohio
    Replied: 9/24/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The safest way to prevent that from occurring is to have a prenuptial agreement drafted; otherwise Whether he would be able to get any equity from the house would depend on the facts a that time, which of course you cannot predict.
    Answer Applies to: Georgia
    Replied: 9/24/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    Assuming that you do not have a Pre-nuptial Agreement with him and you do not transfer title to the home to him, the increase in value or equity in the house during your marriage that is directly attributable to marital funds, such as from a joint account or from earnings that either of you have during your marriage, will be marital subject to being equitably divided upon a divorce.
    Answer Applies to: Florida
    Replied: 9/24/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    That will depend on the terms of the divorce decree. If you owned the house before you got married then it is separate property. There may be a community property interest if you used community funds to pay the mortgage.
    Answer Applies to: Nevada
    Replied: 9/24/2012
    Law Offices of Frances Headley | Frances Headley
    That depends upon whether or not the community acquires an interest in the property. You should consult a family law attorney about how to keep separate property and community property apart as well as the advisability of a pre-nuptual agreement in your circumstances.
    Answer Applies to: California
    Replied: 9/24/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The question of what happens to the house must be decided in connection with a divorce if you still own it when that happens. Unless you enter into a premarital contract to provide something different, any increase in the value of the house during the marriage will be considered marital property in the divorce and that marital property will have to be divided some way.
    Answer Applies to: Colorado
    Replied: 9/24/2012
    Goddard Wetherall Wonder, PSC
    Goddard Wetherall Wonder, PSC | Brook Goddard
    You will want to do a prenuptial agreement prior to your marriage to protect the house.
    Answer Applies to: Washington
    Replied: 9/24/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Not half, but will probably have what is known as an equitable interest in the home after the marriage, to the extent that marital funds go into the home. What you might need is a pre-nuptial agreement that the home will remain your separate property, if one is possible under your circumstances.
    Answer Applies to: Florida
    Replied: 9/24/2012
    Victor Varga | Victor Varga
    Depends on whether marital funds are used for the maintenance, repairs, mortgage payments, payment of taxes, etc. Then he would be entitled to a percentage/share. It likely wouldn't be 1/2. If you have concerns, execute a pre-nup.
    Answer Applies to: Maryland
    Replied: 9/24/2012
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