What is the law regarding separate property of husband prior to marriage?

UPDATED: Oct 15, 2011

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What is the law regarding separate property of husband prior to marriage?

I filed for dissolution yesterday. My husband told me that he had a consultation with an attorney who told him that I am not entitled to much of an interest in the family home as it was the separate property of my husband prior to our marriage. however, he put me on title via a Quit Claim Deed after we were married. His attorney said that did not matter. We have been married 6 years 11 months. This has been the family home and I have maintained the home as doing the cooking, laundry, and cleaning. What does the law say in reference to the family home for me?

Asked on October 15, 2011 under Family Law, Washington


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  You need to consult with an attorney in your area a to how you approach this matter.  While it is truethat separate property prior to marriage remains separate property, that assumption can be rebutted in some jurisdictions when there is a clear intent shown to have the property be part of the marital assets.  Putting someone one the deed is one of the factors you would raise.  In some areas the courts have "split" the asset, so to speak, as part marital part separate as well, depending on certain factors.  So the increased value of the property that was actively contributed to by the non-owning spouse was found to be marital property.  Down payments are often taken off the top as well.  I think that you have a lot going in your favor here.  Get help.  Good luck

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