If I remarry would my new husband automatically own half of my estate if its in my name?
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If I remarry would my new husband automatically own half of my estate if its in my name?
Asked on June 17, 2015 under Family Law, Oregon
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Your property would not become your new husband's property automatically. However, if an asset that you had prior to the marriage increases in value during the marriage, then that increase could potentially be considered community property that would subject to division if you and he ever filed for divorce.
If property never increases in value, then the entire property interest would remain yours. However, if you transfer any portion of the property to your new husband, he could claim that he was now at least a partial owner. This often happens when the spouse keeps the title in the owning spouse's name... but they add the new spouse to a mortgage. This make the true character of the property a bit more complicated. So... good rule is that if you want the property to stay separate, then keep everything regarding the property seperate to avoid any legal battles.
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