Does my spouse have any legal right tomy homeor the equity in it if I owned it prior to our marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does my spouse have any legal right tomy homeor the equity in it if I owned it prior to our marriage?
I am separated. I bought my home approximately 8 years before marrying my spouse. I am the only one on the title and deed. I want to refinance now to pay off some debts but am afraid my spouse will have rights to the cash I take out.
Asked on July 30, 2011 Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Please get legal counsel from an attorney in your area before you do anything. Although property acquired prior to a marriage is considered separate property a a general rule, in some states the waters can be muddied as to increase in value and throwing in an intention to make the home a marital home, which can have the courts classify it differently. So seek help and let the attorney ask you the questions regarding the house that need to be asked and possibly help you decide if now is a good time to put pen to paper and start talks on officially ending the marriage. You need to be cautious at this point. Good luck to you.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Please get legal counsel from an attorney in your area before you do anything. Although property acquired prior to a marriage is considered separate property a a general rule, in some states the waters can be muddied as to increase in value and throwing in an intention to make the home a marital home, which can have the courts classify it differently. So seek help and let the attorney ask you the questions regarding the house that need to be asked and possibly help you decide if now is a good time to put pen to paper and start talks on officially ending the marriage. You need to be cautious at this point. Good luck to you.
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.