QUESTION

Is my husband still entitled to our house even if I bought it before we got married?

Asked on Oct 29th, 2013 on Divorce - New York
More details to this question:
He became permanent resident after I married him. We got married 2 yrs ago. I found out he got pregnant another woman. I'm filing annulment and he said he is entitle with the house in which I bought 8 yrs ago under my name.
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4 ANSWERS

Family Law Attorney serving Independence, OH at Abel & Zocolo Co., LPA
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Generally, property acquired before a marriage is considered separate property and is to be awarded to the spouse who owned it prior to the marriage. Although there are exceptions, in your case I would feel fairly confident that he would be entitled to nothing.
Answered on Oct 31st, 2013 at 12:07 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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I doubt it. There may be a case that he is entitled to ? of the money used to pay the principle on the mortgage during the marriage, but that should be about it. Also, annulment is very particular; I think that you will find that it will be more likely that you will have to be divorced.
Answered on Oct 31st, 2013 at 12:07 PM

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The house would remain your separate property, since you obtained it prior to marriage, unless you took some step to alter its designation, such as changed title. However, any community property used to improve or keep up the house, such as his income, would need to be reimbursed at his percentage, which is 50 percent in California. John P. Danelon NOTICE: Information contained in this transmission to the named addressee is proprietary information and is subject to attorney-client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof. NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (a) avoiding penalties under the Internal Revenue Code; or (b) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
Answered on Oct 31st, 2013 at 12:06 PM

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Bruce Provda
Equitable distribution is hard to determine online, however, if you were only together 2 years in the house, it is unlikely he will get more than some equity if he contributed to the mortgage or repairs.
Answered on Oct 30th, 2013 at 9:43 PM

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