QUESTION
Am I entitled to any of the house if my husband had the house before we were married?
Asked on May 19th, 2015 on Divorce - Indiana
17 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: consult an experienced matrimonial lawyer. That said, you are likely entitled at the least to one-half the increase in value of the real estate during the time you were married. Some judges, in a divorce after a long marriage (19 years is long), may divide up the total equity in a house under these circumstances, but don't count on it.
Answered on Jun 04th, 2015 at 11:16 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, if your spouse owned the house in their name alone prior to your marriage, didn't retitle it to include you after the marriage, and it was either free and clear of mortgages, or any mortgage payments were made with separate non-marital funds, then generally it is their separate non-marital property and it would be unlikely to be included in equitable distribution. However, if mortgage payments or significant capital improvements were made during the marriage and paid for by your spouse with income earned during the marriage, there may be a marital component to his non-marital real property that may be subject to equitable distribution. There may be other facts or circumstances that apply to this situation, so you should consult with an attorney to discuss the specifics of your situation and your options.
Answered on May 28th, 2015 at 12:56 AM
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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Its complicated but generally property owned before the marriage is considered separate. Things may change, however, if the home was refinanced or if major improvements were made. You really need to have a full consultation with an attorney as the underlying facts would be important.
Answered on May 27th, 2015 at 3:33 PM
John Arthur Smitten
Most likely no unless you used marital funds to make improvements or maintenance. Use of a lawyer is recommended.
Answered on May 22nd, 2015 at 7:03 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Probably if you lived in it for 19 years marital funds went to its maintenance.
Answered on May 21st, 2015 at 6:36 PM
Short answer: "probably." The tracing of contributions is usually done under a case called Malmquist.
Answered on May 21st, 2015 at 2:55 PM
The answer is, that depends. If your husband owned the house outright (no outstanding loan) at the time you got married, and if he has not granted any form of joint title to you since then, the house would be his separate property, period. On the other hand, if there was an existing mortgage or other encumbrance on the property when you got married, and if he and/or both of you have been making payments on the house plus property taxes and insurance from your incomes since then, you would have some share of joint interest in the property the amount of which would be decided by the Court is the dissolution proceeding. On another point, did your husband ever put you on title (grant deed by him to you and him as joint tenants)? If so, that would also seal in joint title to the property.
Answered on May 21st, 2015 at 2:51 PM
In general, You are entitled to for one-half of all payments made on the house during marriage so long as those payments were made from income other than disability payments. Please have at least an initial consultation with a family law attorney in your community to protect your rights.
Answered on May 21st, 2015 at 2:51 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, you have what is known as an equitable interest in the home.
Answered on May 21st, 2015 at 9:59 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Most probably yes. The pay down of the mortgage and any increase of the market value during the marriage should be considered part of the marital estate unless there are special circumstances. Hire an attorney to represent you.
Answered on May 21st, 2015 at 9:20 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I believe you would be entitled to a portion of the increased value, assuming there was an increased value.
Answered on May 21st, 2015 at 9:14 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In Ohio, you are entitled to a dower interest in the house. Before he sells the house, he will have to either have you resign your dower interest, or do so on the deed going to the buyer. Your divorce attorney will explain these rights to you and may arrange for compensation.
Answered on May 21st, 2015 at 9:06 AM
3 Awards
Unless he put you on the deed, it is not marital property. However under the Divorce Code, you may have an interest in the increase in value of the home during the marriage. Talk to a divorce attorney
Answered on May 21st, 2015 at 8:59 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
Great question! If monies earned during the marriage were used to pay household expenses, such as mortgage, maintenance, insurance, utilities, etc., the answer is probably YES, you would be entitled to some portion of the home or reimbursement of your share of those expenses. Good luck.
Answered on May 21st, 2015 at 8:55 AM
4 Awards
Maybe. If marital money was used to pay the mortgage, he may need to buy you out of the accrued equity. He would keep the house as it was premarital. Best wishes!
Answered on May 21st, 2015 at 8:55 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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You may be entitled to 50% of the change in value from the date of marriage until the dissolution is filed. Decision is for the Judge.
Answered on May 21st, 2015 at 8:55 AM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Rockhill Pinnick LLP
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The house is marital property. It is subject to division. It is impossible to predict whether you will receive a full share of the equity, or partial based upon his previous ownership, under these facts.
Answered on May 21st, 2015 at 8:54 AM