Can a house that a spouse owned prior to marriage become marital property if the other spouse helped to pay off the mortgage?

UPDATED: Feb 20, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 20, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a house that a spouse owned prior to marriage become marital property if the other spouse helped to pay off the mortgage?

My mother and her husband have been married for more than 10 years. When they got married he already owned the home we lived in, however, he divorced another woman to marry my mom and had to take out a loan on the house to pay her off. My mother helped repay the loan over the 10 years. Does that make the home part hers even though her name is not on the deed?

Asked on February 20, 2012 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What will happen in the event of a divorce is that the proeprty owned will be catagorized as separate, marital and quasi-marital.  The general rule is that property purhchased prior to marriage is marital property.  Property purchased prior to marriage - or inherited - is separate property.  However, separate property can become marital property if there can be shown an intent of the parties to make it marital.  Your Mom is going to have to speak with an attorney in the area.  Good luck. 

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 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 lock Secured with SHA-256 Encryption