QUESTION
My husband has properties before we got married, if I divorce him will I still get some shares of the property?
Asked on Sep 09th, 2012 on Divorce - Pennsylvania
More details to this question:
Does the law favor me to get share from properties owned by my husband before he married me now that we are divorce?
15 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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It depends on whether they were converted to marital property. Even if they weren't, the Court will take into consideration the value of all assets.
Answered on Sep 12th, 2012 at 3:32 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, in Colorado the answer is no. You may be entitled to a share of any increase in value of the properties that occurred during the marriage. How you can be compensated for those increases will be one of the many issues to be decided in the divorce case.
Answered on Sep 12th, 2012 at 3:31 PM
Dennis P. Mikko
If the property was owned by your husband prior to the marriage and never co-mingled as a marital asset, he will likely be awarded the property as his sole property in the divorce. It is most likely you will have no claim to these properties.
Answered on Sep 12th, 2012 at 3:31 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Unfortunately, part of the definition of separate property is property owned before marriage. There could be a change into community property if he gave you a gift or the property or you may be able to get 1/2 of community funds if some were used to improve the property.
Answered on Sep 12th, 2012 at 3:31 PM
Properties owned prior to marriage are sole and separate, and not subject to division in a divorce; however, if "community" assets were used to pay toward these properties, you might be entitled to some reimbursement. I recommend you speak with an attorney to determine your best course of action.
Answered on Sep 12th, 2012 at 3:30 PM
Whether or not the community has gained an interest in his separate property that he had before you were married depends upon whether the community has contributed to those properties. You should consult a family law attorney to review all of the facts and determine what if any interest you may have in the properties.
Answered on Sep 12th, 2012 at 3:30 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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If you are already divorced the agreement should have covered this. You do not have an interest in properties owned prior to the marriage. This question cannot be answered without a complete review of the financial circumstances and assets of the parties. Basically, the husband had a "special equity" in property he owned prior to the marriage. You do not state whether there was a pre-nuptial agreement.
Answered on Sep 12th, 2012 at 3:29 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, it sounds like this would be considered non - marital property. However, you should consult with a local attorney before making any decisions as there are several other factors that would need to be known in order to advise you properly.
Answered on Sep 12th, 2012 at 3:29 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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It depends on whether any marital money went into the properties, and if so, whether they have equity.
Answered on Sep 12th, 2012 at 3:28 PM
If he owed the properties without mortgages before you married him then you are only entitled to one-half the value of whatever money was used to improve them during your marriage. If there were mortgages on them when you married him, then you are entitled to roughly one-half of all mortgage payments made during the marriage and one-half of all improvements made to the properties.
Answered on Sep 12th, 2012 at 3:28 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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generally speaking....NO. Property owned prior to the marriage is considered separate property. However, if he spent money earned during the marriage on the property, you may have a right to reimbursement.
Answered on Sep 12th, 2012 at 3:27 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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The only marital portion of your husband's pre-marital assets is the appreciation in the value of or equity in the properties to the extent that marital funds were put into the properties or he actively managed them.
Answered on Sep 12th, 2012 at 3:27 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Property owned prior to marriage is separate property, although if mortgage payments were made during marriage with community property funds, then the community acquires an interest which should be bought out.
Answered on Sep 12th, 2012 at 3:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not but there are exceptions.
Answered on Sep 12th, 2012 at 3:26 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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In PA, generally speaking, property acquired during the marriage is subject to equitable distribution. A spouse is also likely entitled to some portion of the "increased value" of the property acquired before the marriage.
Answered on Sep 12th, 2012 at 3:24 PM