Do I need some sort or contract or will my home always be considered my home?

Question

I purchase a home as a single man, all the utilities and my banking is in my name solely. I'm getting married soon. Do I need some sort or contract or will my home always be considered my home? Example: If when we marry and there is no contract and down the road there is a divorce, does she have rights to the house or just the property we acquired as a married couple?

James Peterson · Answer

The house will remain your separate property, but generally speaking , any increase in the equity of the property from the date of marriage will be community property and subject to division upon divorce, unless you have a formal marital property agreement.

Dennis Leffert · Answer

You might want to consider doing a pre-nuptial agreement just as a cautionary step.  It's worth the few hundred to do it as opposed to several thousand if you divorce later on and she challenges the title/ownership.

Frances Headley · Answer

The property is now your separate property.  If it remains so, depends upon your actions.  If you wish it to be always considered separate property then you should consider a prenuptual agreement.  You should consult a family law attorney prior to the wedding.

Jessica Cotter · Answer

You should consider the preparation of a prenuptial agreement, which indicates that the house was purchased prior to marriage, and after marriage remains your property.  You will need to consult with an experienced Arizona family law attorney to assist you with this.

Robert McCall · Answer

Once it becomes Homestead Property the Wife has an interest. Precise interest is up to the Judge.

Heidi Glaser · Answer

You should seek legal advice to make certain that you are preserving your separate property asset.  The minute that you start making payments with community funds, your spouse will begin acquiring an interest in the property.  You will also need to be concerned about refinancing during the marriage.  There are ways to protect yourself, so seek counsel now before you inadvertently affect your rights. You should be commended on inquiring before it is too late.

Mark T. Peters · Answer

It depends on how long you are married.  If you get divorced after 6 months, chances are it will be your home.  If you live together for 10 years and have a couple of kids, it may be transmuted into community property.  Also, if you are still paying on the mortgage, the funds you use to pay the mortgage are community funds and half of what you pay for principle may belong to your wife even if the house does not become community property.  So, if you want it clear that it is your sole and separate property regardless of what happens in the future, you do nee a pre-nuptial agreement that specifies that.  It is not cheap but it may be cheaper than what you will pay in a divorce.

Helene Ellenbogen · Answer

If the mortgage on the house is paid from earnings (yours or hers) she will have a claim against the house. You need a prenuptial agreement outlining what belongs to whom, how you will pay for things during the marriage, what belongs to both of you and what happens if you get divorced. Without that, all property acquired or paid on during the marriage is community property including all your earnings. Having only one name on an account doesn't make it separate property.

Joanna Mitchell · Answer

If you own the house, but it is not fully paid for, it is possible that your future Wife could acquire partial rights to the house. You should consult with an attorney in order to best determine your potential rights and options. A prenuptial agreement may be in order if you want to protect the assets you have prior to the marriage.

Brent Chipman · Answer

There are several things you can do to keep the home as your separate property in case of a future divorce.   You could have any future spouse sign a pre-nuptial agreement disclaiming any interest in the real property you owned prior to the marriage.   You should also avoid adding your spouse to the title or to the loan obligation in case of a refinance. You should also make the payments on the mortgage and property taxes and upkeep on the home from a separate bank account.   Even if a spouse is not on the title to real property, and even though the property is purchased and owned prior to the marriage, they may have a claim on a portion of any increase in the value of the property if they contribute to the increase in value (improvements) or if their income goes into a joint account that pays expenses associated with the property.

Gerard Fierro · Answer

If during the marriage, you use community funds or community earnings to make payments on the loan balance, then the community will obtain an interest in the home. To keep the home separate, you would need to pay all the expenses of the home from separate money or rents.  A premarital agreement can be done before the marriage to keep the property separate during the marriage.

Tajara Dommershausen · Answer

You should get a prenuptial agreement done without it, under Wisconsin law she will be entitled to a portion of the home.

John Brennan · Answer

See an attorney, she will have, and continue to gain, rights in the property as soon as you are married.  That can be prevented, but you have to act, and she has to agree, now.

Harold Faletti · Answer

The home remains your separate property during the marriage.  Any appreciation in equity during the marriage due to payments or market forces is marital property.  You can sign a prenuptial agreement that changes the law in this instance.  Your wife could waive her rights to the marital appreciation.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Do I need some sort or contract or will my home always be considered my home?

14 ANSWERS

Find Local Divorce Lawyers

Helpful Resources

Ask a Lawyer