Will my soon-to-be husband get half of my house if we divorce in the future? - Divorce Law Questions and Answers- LawQA.com

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Will my soon-to-be husband get half of my house if we divorce in the future?

I own a house where I am live now. I am going to get married, if we are not together in the future, he will get half the house from me?

Answer By Cathy R. Cook
The Law Office of Cathy R. Cook
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No, he will not receive any equity you built in the house prior to the marriage. However, if you keep the house during the marriage, any equity you build after the marriage is marital, and he is entitled to half of that.

Answer Applies to: Ohio
Replied: 9/25/2012

Answer By Janis L. Blough

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You should hire an experienced attorney and get a prenuptial agreement providing that you get the value of the house at the time of the marriage in addition to your share of the marital estate.

Answer Applies to: Michigan
Replied: 9/25/2012

Answer By Melvin Franke

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It depends upon the facts leading up to & at the time of the divorce

Answer Applies to: Missouri
Replied: 9/25/2012

Answer By Dennis P. Mikko

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If you own the house prior to the marriage and keep the house in your name, he would not be entitled to one-half. He may be entitled some portion depending on its increase in value and his contribution to that increase.

Answer Applies to: Michigan
Replied: 9/25/2012

Donaldson Stewart, PC
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If you own the house prior to the marriage and do not add him to the deed after you marry, then the house should remain your sole and separate property. This means that if you later divorce, he would not have a claim to ownership of the house (but he might have a claim to be reimbursed for money spent on the house, like the mortgage or repairs/maintenance) during the marriage. I recommend you consult with an attorney who can provide you with more specific information, and that you also obtain information about whether a prenuptial agreement would be appropriate in your situation.

Answer Applies to: Arizona
Replied: 9/24/2012

Answer By Dean Esposito

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No, if you own it before you get married it is your separate property and your subsequent marriage will not change such.

Answer Applies to: Louisiana
Replied: 9/24/2012


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No he will not if you follow some basic rules, such as: 1. Do not put his name on the house; 2. you pay the mortgage payments (if you don't have sufficient money, then he needs to give you a "gift" every month in the amount of the mortgage. 3. If he is willing, have him sign a document stating that the house is your separate property and he understands and agrees that he will not have any financial interest in the house after the marriage. I don't know your specifics, but something like the foregoing will be required to ensure that the house remains yours.

Answer Applies to: Nevada
Replied: 9/24/2012


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Keep it out of his name. Deending on what is left on mortgage and community funds are used to pay the mortgage ther could be a small amount of community estate in it not not much. If you put his name on the deed as a joint tenan or other, then under the "Mathews" case he is 50/50 with you.

Answer Applies to: California
Replied: 9/24/2012

Answer By John Burke

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In Washington, your house that is owned by you before your marriage will normally be characterized as your separate property. Typically, that means that it will not be part of the community property that you and your husband accumulate after marriage, that would be divided up if you happen to get divorced some time in the future. However, there are ways that the community could have financial claims against the separate property home, depending upon subsequent improvements made to the home, the payment of the mortgage, and any other factor that may be a significant community investment of money or time in the house. While you could rely on the statutory law to protect your investment in the home, many individuals enter into prenuptial agreements that clearly preserve separate property ownership of the home under any of the previously mentioned conditions.

Answer Applies to: Washington
Replied: 9/24/2012

Grace Law Offices of John F Geraghty Jr.
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No. Georgia is not strictly community property but looks also at equitable interest.

Answer Applies to: Georgia
Replied: 9/24/2012

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