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Is a house a community property if one spouse owned it prior to the marriage and never made it a joint asset?
9 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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More information is needed, and you should consult with an experienced family law attorney to discuss this. From what you say the entire value of the house is not community property, however, there may be a community lien for improvements or payments made on the property using community property funds. Again, see an attorney to discuss this.
Answered on Dec 02nd, 2013 at 11:57 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Any asset owned prior to the marriage is separate property.
Answered on Nov 27th, 2013 at 1:43 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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In Nevada there can be a community interest in a home owned prior to marriage. In the event that community labor went into the home then arguments can be made that a percentage of the home equity can be attributed to the community.
Answered on Nov 27th, 2013 at 12:59 PM
If the property was owned before marriage and only separate property funds were used to improve and maintain it then it remains the separate property of the spouse you bought it prior to marriage. However, if community funds or income was used to improve the property or pay the mortgage then the property is now mixed, community and separate property. You should consult a family law attorney to review all of the facts and determine the correct character of the property.
Answered on Nov 27th, 2013 at 12:59 PM
If your spouse owned the house prior to marriage it is his separate property. You are entitled to one-half of payments applied to principal on the house. Talk to a family law attorney who is familiar with a line of cases known as Moore-Marsden to protect your rights.
Answered on Nov 27th, 2013 at 12:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. It depends on whether it was used as the marital home, was community property used to pay the mortgage and maintenance and how long did the people live there as husband and wife. If only 6 months, probably not. 20 years, probably yes.
Answered on Nov 27th, 2013 at 12:57 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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That is usually not a family asset, but if the value increased during the marriage the increase in value may be divided.
Answered on Nov 27th, 2013 at 12:56 PM
Bruce Provda
It depends on the time you both lived in the house and if the non-owner spouse contributed to the mortgage, renovation or upkeep of the asset.
Answered on Nov 27th, 2013 at 12:56 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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It depends on how the house was treated and paid for during the marriage. For example, if the husband and wife lived in the house together and treated it as the "marital home," then it would be considered part of the marital estate. However, if the house was used as a rental property, and it was purchased in full before the marriage, and marital funds were not used to pay for the rental house's upkeep, then it would probably be considered a separate asset.
Answered on Nov 27th, 2013 at 12:56 PM