In what circumstances would an unemployed non-custodial stay-at-home spouse lose their pre-marital assets house deposit in a divorce?

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In what circumstances would an unemployed non-custodial stay-at-home spouse lose their pre-marital assets house deposit in a divorce?

Asked on March 6, 2018 under Family Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It's impossible to identify what could happen in *every* case, since the range of factual situations is near infinite and cannot be anticipated in advance. That said, if the house is a "pre-marital asset"--i.e. owned before marriage--and the other spouse was never put on the title and did not help buy the home, then the spouse who owned the home pre-marriage should keep it. As a pre-marital asset, it should not be subject to distribution in a divorce. Again, it's possible that unusual circumstances might change this, but it's the general rule.


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