If we were only married 10 months, I bought house and car many years before, is my husband entitled to half my assets?

Question

I'm thinking of divorce. Assets are in my name. I have owned my house for 20 years. Is my husband of only 10 months entitled to any of my assets, cars etc?

Jessica Cotter · Answer

In Arizona, even absent a premarital agreement, the property you bring to the marriage is separate property.   Unless you put your husbands name on the title to the house, or on any of the other separate property, generally he would not be entitled to half of the value.  That is not to say he may not have some kind of claim on the property, but he is not entitled to one half.  You should consult with an experienced family law attorney in your area to discuss this.

Frances Headley · Answer

Unlikely, you should consult a family law attorney to review the  facts and advise you.

William M Stoddard · Answer

He has interest only in that portion of the assets the community bank account paid during the marriage. Lets say your house payment is $800 a month, of which reduction of principle on the mortgage is $100 a month. By paying for the mortgage during the marriage, he acquired $50 interest in your house. that can be traded for what was contributed to his Pension at work during the marriage.? Assuming his check was dinged for $50 a month to his pension. You acquired $25 a month interest in his pension. so the division of property is not the value of the assets each had coming into the marriage, but the value added to the other person by being married. Normally everything like your question asks is a wash. Only those things acquired during the marriage are assets which need to be divided.

Terry Buchanan · Answer

In California your husband would be entitled to one half of the assets acquired during your marriage. The assets you brought into your marriage would remain your separate property. There are some special legal issues that you raise which require more details than this forum can accommodate. A consultation with an attorney would he beneficial.

Diane Berger · Answer

Your husband is entitled to a portion of only those assets which were acquired during the marriage or which he contributed to during the marriage. In Nebraska, with a marriage that short, the courts attempt to put the parties back in the place they were at prior to the marriage.

Eric Johnson · Answer

In Utah, it's technically *possible* for your pre-marital assets to be in play in a divorce, but not *highly unlikely* that your husband of 10 months would succeed in getting a chunk of them, unless he's become totally dependent upon you during the marriage (say, from an accident that left him paralyzed).

Elizabeth Jones · Answer

One half of community property acquired or paid with community property from date of marriage to date of separation.

Dean Esposito · Answer

Louisiana is a community property state. Anything purchased or acquired during the marriage is presumed to be community property. Any asset such as your home or vehicle that was purchased prior to your marriage is your separate property and remains such even if you subsequently enter into a marriage. He has no claim of ownership to your home or vehicle as you owned such prior to your marriage.

Robert McCall · Answer

No, spouse only has a legal interest in what came to the family unit during the term of the marriage.

John Brennan · Answer

Minimal, in your case all else being normal. The court should attempt to put you back in the place you were prior to the marriage.

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If we were only married 10 months, I bought house and car many years before, is my husband entitled to half my assets?

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