If I lived in my house for 6 years before I knew my wife and we have been married 2 years, could I lose my house in a divorce?

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If I lived in my house for 6 years before I knew my wife and we have been married 2 years, could I lose my house in a divorce?

Asked on October 29, 2012 under Family Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you live in a community property state, community property is property acquired during marriage.  Community property also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  Separate property also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

Since you purchased the house before marriage, it is your separate property and your spouse has no claim to the house.  However, if you paid the mortgage with income during marriage, that income is community property and your spouse has a one half interest in those mortgage payments made during marriage from income during marriage.  If you paid the mortgage during marriage with income earned before marriage, those mortgage payments are your separate property and your spouse has no claim.  If improvements were made to the house during marriage from income during marriage, the enhanced value of the home from those improvements is community property, and your spouse would have a one half interest in the value of those improvements.  If improvements were made to the house during marriage from your income before marriage, the enhanced value of the home from those improvements is separate property because they were made from income before marriage.  As separate property, your spouse has no claim to the value of those improvements.

If you don't live in a community property state, other rules may be applicable.


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