Can a house that a spouse owned prior to marriage become marital property if the other spouse helped to pay off the mortgage?
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Can a house that a spouse owned prior to marriage become marital property if the other spouse helped to pay off the mortgage?
My mother and her husband have been married for more than 10 years. When they got married he already owned the home we lived in, however, he divorced another woman to marry my mom and had to take out a loan on the house to pay her off. My mother helped repay the loan over the 10 years. Does that make the home part hers even though her name is not on the deed?
Asked on February 20, 2012 under Family Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What will happen in the event of a divorce is that the proeprty owned will be catagorized as separate, marital and quasi-marital. The general rule is that property purhchased prior to marriage is marital property. Property purchased prior to marriage - or inherited - is separate property. However, separate property can become marital property if there can be shown an intent of the parties to make it marital. Your Mom is going to have to speak with an attorney in the area. Good luck.
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