QUESTION
What happens to the house if we divorce if I bought the house before we married?
Asked on Apr 01st, 2013 on Divorce - Texas
More details to this question:
I bought my house in 2010 when I was single. Then I met my wife and got married in 2011 and we have 1 girl together. Now we are having problems badly. Do I have to split the house half to my wife? The house is under my name.
8 ANSWERS
John Arthur Smitten
If in your name only it is your house she gets nothing.
Answered on Apr 03rd, 2013 at 9:33 PM
If your current income went into paying the mortgage then the community may have an interest that will have to be reimbursed. You should consult a family law attorney to go over all of the facts and advise you.
Answered on Apr 03rd, 2013 at 8:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Defending upon the circumstances she may have some limited right to the house as marital funds are anticipated to have been paid towards the mortgage during the marriage and there may have been some appreciation (or even depreciation) during the course of the marriage. As in all marital issues the individual facts will be determinate. I would therefore suggest that you engage in attorney immediately.
Answered on Apr 03rd, 2013 at 8:00 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally premarital assets are not split. so if it is in your name its generally yours.
Answered on Apr 03rd, 2013 at 7:54 PM
It doesn't matter how title is held. What matters is what money was used to pay for the house. You are entitled to reimbursement for the value of the house on the date of marriage; the community (you and your wife) are entitled each to one-half the appreciation or depreciation in value which occurred during the marriage. You will need a lawyer to help you handle this aspect of your divorce the line of cases which covers the issue is called Moore-Marsden.
Answered on Apr 02nd, 2013 at 12:42 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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You do not have to split the house with her but she does have a very minimal interest (at least in a community property state) based upon community payments towards the debt service, real property taxes etc.
Answered on Apr 02nd, 2013 at 12:42 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You would have to reimburse the community for principal payments and the community could get a share of any appreciation. See an attorney to help you prove your claims.
Answered on Apr 02nd, 2013 at 12:41 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The house is your separate property and the court does not have authority to divide separate property, it must be awarded to the party who purchased it. There are, however, some potential claims for reimbursement related to payment of the mortgage debt. I suggest you hire a lawyer.
Answered on Apr 02nd, 2013 at 12:37 PM