It depends if the house was completely purchased and paid for prior to the marriage or is there a mortgage. The payment of a mortgage is in part the responsibility of both parties of a marriage, not usually only one. So there can always be an argument made that if the house was not completely yours prior to the marriage that it should be divided at the time of divorce. But if you purchase the home completely free and clear, the best way to handle the situation is to put the home in trust just for yourself and for your family members in case you pass away. This way the house doesn't legally belong to you and it cannot be taken from you in a divorce.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
http://massachusettslawyeronline.com/
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Answered on Dec 16th, 2014 at 12:40 PM