What are my rights to the marital home if my husband purchased it before we got married?

UPDATED: Oct 1, 2022

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What are my rights to the marital home if my husband purchased it before we got married?

My husband cheated on me and I moved out of the home with the children 9 months ago. Children are 4 and 6. My name was put on the deed after we married 6 years ago. Our children and my belongings are still in the home. What legal rights do I have to it? If it’s only equity for 6 years, how can I find the total of my share? I’m a stay-at-home mom with a pending disability claim. I live solely off of assistance and child support currently. I’m the sole caretaker

of both children. The father may have then 2 nights a month. He also threatens to throw our belongs out on the curb.

Asked on October 19, 2018 under Family Law, Pennsylvania


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

Answered 4 years ago | Contributor

I am so sorry for your situation.  Please go to the Court and ask about if there are any programs for you to take advantage of for a free lawyer. The property is legally both of yours.  You husband added your name to the deed and that is evidence of his intent to convert separate property in to marital property.  He could ask for the downpayment as a credit off the top to him.  You own that house.  You can return to get your things, although I would go with someone and even the police.  I would leave anything that could be considered jointly held alone for now (like furniture, etc.).  Call your local Bar Association and see if they have a Pro Bono section.  Good luck.

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