QUESTION
I'm getting divorce for that second marriage, is my ex entitled to ask for my house?
Asked on Feb 14th, 2013 on Divorce - California
More details to this question:
When I got married for the second time, I had my own house that was given to me from my previous marriage (divorce).
9 ANSWERS
If any mortgage payments were made on the house you had when you got married the second time, your current husband is entitled to reimbursement of approximately one-half of the principal paid on all mortgage payments during your marriage. There is a formula called Moore-Marsden which outlines how this kind of reimbursement is calculated.
Answered on Feb 19th, 2013 at 11:56 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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In Michigan, she is entitled to a claim of any increase in equity during the time of the marriage. Consult with an attorney to discuss your rights.
Answered on Feb 19th, 2013 at 1:20 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your soon to be ex may be able to claim it as community property and ask for one-half the equity. But then there are other things that go into the equation. I
Answered on Feb 19th, 2013 at 1:19 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If the house was in your separate name, it is still your house. The question is whether the community has any interest in the house - principal pay down and an proportionate interest in any increase in equity. Best left to an attorney to advise you. If you put his name on the house, he can try to force it sold. See an attorney.
Answered on Feb 19th, 2013 at 6:48 AM
John Arthur Smitten
No. That is your pre-marital non marital property.
Answered on Feb 19th, 2013 at 6:47 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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That may be considered pre-marital property so would not be entitled to be split.
Answered on Feb 19th, 2013 at 6:46 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your ex is entitled to ask for anything. But under these facts, he is not likely to get the house, since you brought it into the marriage. So long as it remains in your name, it is likely to be determined to be your separate or individual property. But in a divorce it's almost always a good idea to have a good lawyer by your side.
Answered on Feb 19th, 2013 at 1:31 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The devil is in the details. There is no single answer but generally if it was pre-marital property and the current spouse did not contribute it will probably go back to you unless there are special circumstances.
Answered on Feb 19th, 2013 at 12:45 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Probably not, but you should probably talk to an attorney about your case.
Answered on Feb 19th, 2013 at 12:44 AM