QUESTION
Does paying mortgage give him the right to a portion of my home even though we have a pre-nup regarding this?
Asked on Mar 08th, 2013 on Divorce - California
More details to this question:
I purchased a home prior to our marriage and according to the pre-nuptial agreement, he cannot have this asset. However, he is making the mortgage payments as well as some major home improvements.
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If the prenup was properly executed he should not have a claim. You would have a counter claim for rent.
Answered on Mar 13th, 2013 at 12:42 AM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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Be careful here. Although there is an agreement that might protect you, your spouse can say that he actually put money into the value of the home by his payments and improvements, for which you would have to pay him back. Some courts might view your permitting such actions as agreeing to a change in the agreement.
Answered on Mar 11th, 2013 at 9:20 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It depends on your prenuptial. But the community may get an interest in the house if he pays the mortgage. Talk to an attorney. You may want to do a post nuptial agreement.
Answered on Mar 11th, 2013 at 8:39 PM
You should have this discussion with the atty who prepared the prenuptial.
Answered on Mar 11th, 2013 at 8:30 PM