My wife bought the house 2 years before we met

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My wife bought the house 2 years before we met

My wife bought our house in Minnesota 2 years before we met and we have been together for 13 years, married for 9. As I have helped her pay for the house throughout the years and we are getting a divorce now, am I entitled to the equity?

Asked on May 12, 2018 under Family Law, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the house was hers before the marriage and if she had paid the mortgage with separate funds, you would not be entitled to any interest in the house. However, that is no the case here. While the house remianed solely in your wife's name, you made contributions towards the house (I'm assuming for mortage payments and general repair/maintenance expneses). Such being the case,  you are likely entitled to some of the equity. As a general rule, a court will divide property like this based on what each of you put into it before the marriage, what each of you put into it during the marriage, and what the fair market value of the property currently is. At this point, you should consult directly with a local divorce attorney who, after reveiwing the details of your situation, can best advise you further. 


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