If Iown a home that is paid for, whenI get married doesmy husbandautomatically become entitled to my assets?

Get Legal Help Today

 Secured with SHA-256 Encryption

If Iown a home that is paid for, whenI get married doesmy husbandautomatically become entitled to my assets?

What can I do to protect my assets?

Asked on January 9, 2012 under Family Law, Florida

Answers:

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

Answered 9 years ago | Contributor

Your husband does NOT automatically become entitled to your assets.

If you live in a community property state such as CA, community property is property acquired during marriage.  This also applies to income during marriage.  Your husband has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.  Since your house was acquired before marriage and paid for before marriage, your house is your separate property and your husband has no claim to your separate property.  Your income before marriage is your separate property and your husband has no claim.

If improvements are made to the house during marriage from community property funds, then your husband would have a one half interest in the enhanced value of the house due to those improvements.  If you can establish that the improvements were made from separate property funds such as your earnings before marriage, then the enhanced value of the house would be your separate property and your husband would not have any claim to the enhanced value of the home due to the improvements.

The character of the source determines the character of the asset which means that if the funds are separate property, the item purchased with those funds is separate property.  If the funds are community property, then the item purchased is community property.  If some of the funds are separate property and some are community property, then the item purchased would be apportioned between separate and community property.

A major exception is if you received an inheritance, that is your separate property whether it is received before or during marriage.

If your assets are separate property, your husband has no claim.  If your assets are community property, your husband has a one half interest in the community property.

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


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption