What would happened to my home in the event that my husband decides to divorce?

UPDATED: Sep 30, 2022

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What would happened to my home in the event that my husband decides to divorce?

I had purchased the home 7 years ago, and we married 4 years later. Would we still need to sell and divided the profit? The home is still currently in my name.

Asked on February 20, 2017 under Family Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the house was purchased pre-marriage and remains in your name alone, then your husband has no ownership rights in it. In other words, it remains your seperate property. However, he may have a claim for any contribution (either money or "sweat equity") for improvements, if any, that were made to the house during your marriage and which increased its value (i.e. such as adding a room, etc.). Additionally, as a genral rule, your husband will not be entitled to half of the equity gained. At this point, you may want to consult directly with a local divorce attorney.

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