Can my ex-wife be awarded my house if she is disabled?
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Can my ex-wife be awarded my house if she is disabled?
I bought my house 10 years ago with money I received from an insurance settlement. My girlfriend/ future wife was unemployed at the time; we married 3 years later. I made every payment and her name appears nowhere on the deed. In every sense of the word my house is premarital, will she walk away with it? We now have 3 kids.
Asked on September 24, 2011 under Family Law, Minnesota
Answers:
Maury Beaulier / MinnesotaLawyers.com
Answered 12 years ago | Contributor
Yes. Any asset may be divided in a divorce. However, courts must seek an equitable division. In considering what is equitable, any asset acquired during the marriage is presumed marital and capable of divisoin. That is true regardless of whose name is on the title or who paid for it during the marriage. the proceeds used during the marriage are considered marital funds and, this, create a marital interest. You may also have a non-marital interest in a portion of the real estate value based on a premarital contribution to the purchase of the home. The burden for claiming a non-martal interest falls on the proponent.
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