QUESTION
Do I keep my house I purchased before the marriage?
Asked on Dec 04th, 2012 on Divorce - Texas
More details to this question:
My wife and I married 2010 I purchased a home 2008 in my name she has bad credit.
16 ANSWERS
Steven D. Dunnings
It depends.
Answered on Apr 11th, 2013 at 1:28 PM
In Arizona, normally that would be separate property.
Answered on Dec 05th, 2012 at 12:37 PM
Dennis P. Mikko
If the house has remained in your name and has not become part of the marital estate, it is likely that you will keep it. This is a relatively short marriage and in a divorce you and your wife should be put back in the position you were prior to the marriage.
Answered on Dec 05th, 2012 at 12:36 PM
The house is probably a mixed asset with both separate and community elements. You could keep the house after reimbursing her for one half of the community interest. You should consult a family law attorney about how best to accomplish your desire to keep the house.
Answered on Dec 05th, 2012 at 12:36 PM
If the house was purchased with money you had before you got married, it is your separate property but you will owe your wife some reimbursement for payments made on it during the marriage. It doesn't really matter how title is held if both of your money was used to acquire the house.
Answered on Dec 05th, 2012 at 12:35 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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The house may be considered partially marital if it has any value. You should consult with an attorney in order to best determine your potential rights and options.
Answered on Dec 05th, 2012 at 12:24 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Your house is a mixed asset - partly separate and partly marital. You are entitled to the equity you had at the time of marriage. The equity built during the marriage is marital.
Answered on Dec 05th, 2012 at 12:23 PM
Yes but she has a community property interest in your separate property house.
Answered on Dec 05th, 2012 at 12:23 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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You may be able to keep the home but your spouse has a claim to the equity from the time of marriage. Discuss this issue with an attorney along with any other property concerns.will not
Answered on Dec 05th, 2012 at 12:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Quite likely, but need the details. She would share in the change in the market value during the marriage, which may be negative and cause a problem in getting this settled.
Answered on Dec 05th, 2012 at 12:21 PM
You can keep your separate property owned prior to marriage. Your spouse may be entitled to a reimbursement claim for community funds used to enhance the property or reduce the mortgage.
Answered on Dec 05th, 2012 at 12:21 PM
Yes, unless the court finds extreme circumstances to warrant a partition of your house. The general rule is that any property acquisition prior to the marriage remains in the possession of the party acquiring it. The Court may only divide the marital estate, which comprises any property acquired during the marriage. If you have any further questions or concerns feel free to call.
Answered on Dec 05th, 2012 at 12:20 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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That's your separate property home but the community may have an interest in it as you've been making principal payments during the marriage. There are cases that handle this and you should consult with an attorney. Opinion not legal advice.
Answered on Dec 05th, 2012 at 12:20 PM
Mediation is Fast, Effective and Affordable. All your concerns will be taken care of during the mediation. The only pre-condition to pro-se mediation is that your spouse will have to agree. Mediate, get everything resolved quickly, completely and inexpensively. Good luck.
Answered on Dec 05th, 2012 at 12:20 PM
If the property was purchased prior to marriage and you did not add her name to the deed during the marriage, then then presumption is that the home is your sole and separate property. She might be entitled to some kind of reimbursement for payments made toward the mortgage during the marriage, but that is more complicated than what I can describe here. I recommend you consult with an attorney to discuss this in greater detail.
Answered on Dec 05th, 2012 at 12:19 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Assets owned prior to marriage are separate property and the court cannot award them to the other spouse. I suggest you hire a lawyer.
Answered on Dec 05th, 2012 at 12:18 PM