QUESTION
What happens to property purchased before marriage?
Asked on Jan 14th, 2013 on Divorce - Michigan
More details to this question:
Property is purchased with my father and is used as rental property. Would how much of the mortgage I've paid off make a difference? (i.e I've fully paid off the mortgage vs. only 80%) How would property tax relate to this, if any?
6 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, if you keep the property separate from the community, e.g. don't use community funds to pay for it, keep the proceeds in a separate account, etc., then it would be separate property and not subject to division in a divorce. There are a lot of details to look at so it would be better to talk with an attorney about the issue. Before your next marriage, you may want to consider a pre-nup to make sure that the property is known to be separate by your future spouse.
Answered on Jan 16th, 2013 at 6:41 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Property owned prior to marriage is separate property and the court cannot award it to the other party. However, if community property money was used to pay down the mortgage debt, the court may reimburse the other party for some of that amount. Texas marital property law is complex - I suggest you hire a lawyer.
Answered on Jan 14th, 2013 at 7:42 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Property acquired prior to marriage is the property of the person you acquired it, absent a post-marital writing gifting it to the community. If the community made principal reduction payments on the real property during the marriage, then it acquires a pro-tanto interest in the property but the property should be awarded to the original owner, with a buyout of the community property interest. Property taxes aren't relevant to this issue.
Answered on Jan 14th, 2013 at 7:42 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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I am unsure of your question..Whose marriage? yours or your fathers? However, generally If the newly married party does not use real property owned pre-marital as a marital home and it is an investment.. then it should stay as separate property not subject to the spouses interests unless the married party dies (then depending upon how the property is held or the deceased estate plan) that party's interest MIGHT go to the surviving spouse.
Answered on Jan 14th, 2013 at 7:41 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It's not clear what you are asking about property tax. As to the ownership of the property in a divorce, you can reasonably argue that the property is individual and not marital property (except as to the appreciation in value of the property during the marriage). Hire a lawyer. Good ones know how to help in just these areas.
Answered on Jan 14th, 2013 at 7:41 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Property purchased prior to marriage is your separate property. If the rent paid off the mortgage and you can prove it, then the community would not have an interest in the property. If not, the community has an interest in the property. See an attorney to run the formula. Refinancing may also impact things.
Answered on Jan 14th, 2013 at 7:41 PM