If the house was purchased by your wife prior to marriage, and the underlying loan was in her name, the house remained her separate property. It assumes you were on title to the house prior to the marriage and you had an undisputed ownership interest in the house. It only has her name on it but from for 2 1/2 years I had the only source of income. We have been married for 4 years and although he pays the mortgage, I pay a the utilities in the home as well as contribute to the decor and improvements. Find the right lawyer for your legal issue. In that case, you have no claim to the home. When we married I moved in and we lived in that house for a year. Literally, the only thing I have that has both our names on it is our marriage certificate. For example, perhaps you have only a 10 percent ownership interest in the family home, but you have young children and you hope to keep living there. Also, if you made any improvements to the house during the marriage, the increased value to the house created by those improvements is marital. Here Are 3 Smart Reasons Why You Shouldn't Purchase A Home Before You Two Get Married. I live in MIchigan, and a married man can NOT own a house by himself. It does not mean that its only mine. When you get hitched owning separate property, it can have a ripple effect. Nolo: Marriage & Property Ownership: Who Owns What? © Copyright 2020 Hearst Communications, Inc. Marital property is property you and your spouse earn or acquire during the marriage, unless both spouses agree otherwise. Income and property you earn and acquire, during the marriage is considered marital property, with a few exceptions. Is the house 1/2 mine now? At most, your marital community became entitled potentially to a right of reimbursement via equitable lien (under the fairness test for the division of... 1 found this answer helpful | 0 lawyers agree If my husband purchased a house before we were married, what are my rights to it in a divorce? A house title is a registration of the ownership of a property. I have been married to my husband for 22 years. My husband and I bought our house in joint names before we were married, so my maiden name is still on our ownership details at the Land Registry. And we got divorced, would he be able to get any portion of my house. So, for example, let's say that you have a home worth $200,000 in the husband's name; before marriage, Husband pays $50,000 toward the principal and during the marriage Husband pays $80,000 toward the principal. For example, if he always puts his rent checks into your joint bank account, and pays for repairs out of that account, the rent money may no longer be considered separate property. You generally can't buy a home under first-time status if your wife is currently a homeowner, with a few exceptions. Community property also includes income during marriage. Technically if he owns the home, I guess you can stay until he throws you out. We bought the house 11 years ago and have been married for 9. The above assumes the house is really yours. Read 1 Answer from lawyers to My husband and I are going to be separating soon. CALL US (855) 466-5776. The line between separate property and community property can blur if the owner uses marital money to maintain a premarital asset. A prenuptial agreement will protect an inheritance before the marriage. If I get married, and I purchased my house prior, to even meeting him, and we get married, and my name is the only one on the house papers. In either case, that home is … This is very fact-sensitive and depends on many factors, such as the length of the marriage and how long one party owned the asset before and after the marriage. However, the other spouse may have a right to some of the home’s equity upon divorce despite this classification. Whether you received your inheritance before or during your marriage, it is yours to do with as you please. What If a Tenant in Common Wants to Sell? A graduate of Oberlin College, Fraser Sherman began writing in 1981. Nothing has my name on it, mortgage, utilities, other misc bills. We have both lived in the house together but he just wants me to get out. He purchased the marital home for $36,500.00 and provided a $2,000.00 down payment for the home. Fernandez & Karney: Transmutation Agreements in California. ET If you were legally married at the end of 2018 your filing choices are married filing jointly or married filing separately. Married Filing Jointly is usually better, even if … For our county, it … Let us assume for our hypothetical, the house as of the date of marriage on June 1 was worth $1 million and the mortgage on the house was $500,000. Now he wants a divorce and doesn’t want to give me anything. How to Sell a House and Distribute Funds in a Divorce. What Are a Husband's Rights to the House in a Divorce? Bridgette's Question: I moved in with my husband to the top floor of his mother's house, which she bought before we were married. You have no legal obligation to share it with your husband. I'm just curious so any responses would be appreciated, thanks! Separate property also includes income before marriage or after the marriage ends. Do I have to leave with nothing? If he bought it before the marriage, however, whether or not you have an ownership interest depends on many factors. Dear Moneyist, When I married my husband, my children and I moved into a home that he already owned outright. Once we have the value, we look at what the equity in the house was as of June 1. Literally, the only thing I have that has both our names on it is our … He was running for the HOA president and one of the members (a total PIA) threw down about him not being on the deed. If he's paying with separate funds that are not income, such as a trust fund or an inheritance, he may be able to keep the house 100 percent his own. If he bought it before the marriage, however, whether or not you … Now he wants a divorce and doesn’t want to give me anything. We also have no children together and our kids are grown and married. However, that is not enough to convert separate property into community property under Texas Family Code Section 4.202. All legal content, insurance rates, products, and services are presented without warranty and guarantee. I have been receiving letters this month from the irs about debt I owe on taxes from 2001 and 2003. The house was purchased before marriage and is your husband's separate property. In our divorce, I was awarded the car, but it was to remain titled in both our names until the loan was paid off. Q: My husband I bought our house before we were married. The court then determined that on the date of trial the main house and property were worth $ 1,985,000 and the tenant house $ 516,000. We put it in his name b/c my credit was bad. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. Can my wife/husband take my house during a divorce/dissolution? All owners must be listed on a house's title. When we married I moved in and we lived in that house for a year. When a person buys a home before he or she is married, this property is usually considered his or her own separate property. The sons are all in their 20s. My wife owned a house prior to us getting married. Who pays the mortgage and by what means can render separate property yours, too. If he uses community income to pay the mortgage, that gives you an ownership stake. We never even had a bank account together. She sold that house and used to proceeds to buy another house solely in her name in may. My Wife Is the First Owner of Our House. If you don't live in a community property state, other rules may be applicable. He bought a foreclosed house almost two years before we were married, and I moved in a few months after he bought it. We … That way, he could keep more of other assets in exchange for giving up his interest in the home. Since then he's researched and written newspaper and magazine stories on city government, court cases, business, real estate and finance, the uses of new technologies and film history. We were married for 11 years. Thank you so much for this article. Nothing has my name on it, mortgage, utilities, other misc bills. But, now you are concerned because you deeded the home to both of your names after you were married. Find the Right Lawyer for Your Legal Issue! Asked on March 11, 2012 under Family Law, New York . Plus you were not married for very long. How much of a stake depends on the circumstances, and whether he keeps exact records of how much community income he invested in the house.