If the house is in my name only, would it still have to be divided in a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the house is in my name only, would it still have to be divided in a divorce?
The house is in my name only and was purchased based solely on my financial information. Would I get it in a divorce settlement or would it still have to be divided?
Asked on July 12, 2011 under Family Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is no single, simple answer. If the house was something you purchased prior to marriage, it is very likely that as a premarital asset, it would not be something your spouse would have any claim against. However, if purchased during marriage, it *may* be an asset he or she has a claim to, even if was based solely on your financial information. It depends on the circumstances--two spouses each earning either compararable, or at least high, salaries may be able to buy assets based on their own income, etc. without the other having a claim to it--if they can establish that they kept their finances separate; but if the reason this house was bought based solely on your finances is that you were the sole or primary breadwinner, then a court would likely find that the house is a marital asset--you spouse "earned" it or has a claim to it by keeping house, supporting your career, taking care of children (if any), etc., and also had, as the non-earning spouse, a reasonable expectation that your income, and the proceeds or fruits of it, would support the both of you. So it depends very much on the circumstances. You should consult with a divorce attorney to evaluate the specifics of your situation.
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.