QUESTION

my husband purchased a new home for us, but the purchase argeement was only him. will i have a right as a wife in our new home?

Asked on Dec 04th, 2013 on Family Law - Florida
More details to this question:
me and my husband had a prenup agreement before marriage. now we are married for a year. and currently building a new house, however the purchase agreement was only on his name. Im worried that after several years I have invest money & effort in upgrading our new home and we decide to divorce, the house will be left to my husband only since his name is on the title. and all my investment in the house is gone. what should i do?what are my rights as a wife? what happens to our home when we divorce?
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1 ANSWER

Alimony Attorney serving Largo, FL at Cairns Law
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Truthfully, without seeing the Prenuptial Agreement, it is hard to say.  However, if we assume that the prenup only covers assets that he acquired prior to the marriage, you would likely have an interest.  Even in cases where there is not a prenup one party can purchase a property for the benefit of the marriage and it would be considered a gift to the marriage and therefore, marital property.  The problem lies in whether the prenup discussess this newly acquired residence, or whether he used only his own separate property to purchase the property.  In that case he may have a claim to the entire residence.  Still it sounds like he has a mortgage on this property.  In most cases you would be entitled to have of the equity that is paid down during the course of the marriage. This is kind of a complicated analysis that would require a review of the prenuptial agreement and how the residence is titled.  If you are very concerned, it would be worth discussing it with our own independent attorney.
Answered on Dec 11th, 2013 at 3:46 PM

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