QUESTION
What can I do if I own my home and property and I may re-marry my ex?
Asked on Dec 11th, 2012 on Divorce - California
More details to this question:
The home I sold I had paid for in full and used all proceeds as a down payment on my new home. Considering remarriage to my ex and if by chance we divorce again will he be entitled to any of this property/home? The payments made are coming solely out of bank account.
15 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You will be entitled to retain all money you invested in the house before the remarriage. However, after marriage, all money you pay for the house is marital, regardless of who's account it's in, if it is earned during the marriage.
Answered on Dec 17th, 2012 at 1:08 PM
If you keep your property separate then no new community property would be created. You should consider doing a prenuptial agreement about the home. You should consult a family law attorney to assist you in preparing such an agreement.
Answered on Dec 14th, 2012 at 11:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Given your past history, I would suggest a prenuptial agreement.
Answered on Dec 14th, 2012 at 2:18 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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The easiest solution is to prepare a prenuptial agreement declaring your home sole and separate property; otherwise, a community property interest may begin to develop after marriage.
Answered on Dec 14th, 2012 at 2:10 AM
Suzanne H. Lombardi
In Alaska he would be entitled to part of the home if it was "transmuted" into the marriage. Meaning if he put any money towards the home or made any improvements or did anything else to turn your home into marital property. Transmuted basically means "turns into." In order to make sure it remains your home it would be important to segregate all of the dealings regarding the home. Keep the payments coming out of your sole bank account. If you decide to get a bank account together make sure that it is not used for the house.
Answered on Dec 14th, 2012 at 1:46 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You probably would want to consider a prenuptial agreement in order to properly protect your assets.
Answered on Dec 14th, 2012 at 1:18 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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If you remarry and live there, he will get an equitable interest in the home, roughly one-half of the payments on the property after being married.
Answered on Dec 14th, 2012 at 12:48 AM
Steven D. Dunnings
Hire an attorney to do a prenuptial agreement.
Answered on Dec 14th, 2012 at 12:42 AM
You might want to consider a 'pre-nuptial agreement' before going ahead with the marriage.
Answered on Dec 14th, 2012 at 12:33 AM
When you divorced, certain property was awarded to you and certain property was awarded to your your former spouse. That property is now sole and separate, so if you remarry each other, the property you each own prior to your "new" marriage remains sole and separate property (unless you choose to join the property again), just as if you had married someone completely different. However, if you make payments toward the house during the marriage from income earned during the marriage, there could be some sort of reimbursement claim made in the event of a future divorce. In order to clarify each of your rights and responsibilities during this marriage (including the way the house would be treated in the event of a future divorce), I would encourage you to consider executing a prenuptial agreement. This way, there are no surprises down the line and the property will not be a source of stress during the marriage.
Answered on Dec 14th, 2012 at 12:18 AM
You can enter into a prenup or make sure the house remains in your name solely and try not to pay for the home with marital funds. As long as it was purchased prior to it is considered no marital unless you commingle the asset....generally.
Answered on Dec 13th, 2012 at 11:21 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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For all practical purposes re-marriage to your previous spouse is legally no different than a new marriage to anyone else. It is a "new" marriage and everything you own at the time of the re-marriage will be considered your separate property so long as you consciously keep it separate. It would be best for you to consider a marital agreement (it does not have to be completed before the marriage, but that would be preferable) that makes absolutely clear how financial issues will be handled.
Answered on Dec 13th, 2012 at 11:14 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It has been awarded to you in the divorce. I'd do a premarital agreement just to make it clear.
Answered on Dec 13th, 2012 at 11:14 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Get a prenuptial agreement!
Answered on Dec 13th, 2012 at 11:12 PM
May I suggest that you have a prenuptial.
Answered on Dec 13th, 2012 at 11:10 PM