What happens to property acquired before marriage, in a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens to property acquired before marriage, in a divorce?
My daughter owns a townhome and is getting married in about a month or so. If she was to get divorced, does her new husband have any rights to it?
Asked on September 29, 2018 under Family Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
As a general rule, property acquired before marriage that is solely in the owner-spouse's name, remains seperate property. However, there are exceptions. For example, a home owned by one spouse prior to the marriage can present a problem since often both spouses contribute to its maintenance and mortgage payments during the marriage. In some states, such "commingling" of community and non-community assets converts the home to community property. In other states, the amount of equity in the home at the time of marriage remains the inheriting spouse's property, however the increase in equity value during the marriage is considered to be community property that belongs to both spouses.
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 AttorneyPages.com 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.