If I owned my home before my marriage, is my husband entitled to any of it in a divorce?

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If I owned my home before my marriage, is my husband entitled to any of it in a divorce?

Asked on April 27, 2012 under Family Law, Florida

Answers:

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

Answered 12 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 owned the house before marriage, it is your separate property and your spouse has no claim to your separate property.  However, if mortgage payments were made during marriage from income during marriage, those mortgage payments would be community property and your spouse would have a claim to the house representing one half of the mortgage payments made during marriage.  If improvements were made to the house during marriage and those improvements were made from income during marriage which would be community property, your spouse would have a claim for one half the increased value of the home due to those improvements.

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


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