im getting married, bt if i end up getting divorced, what right does my husband have over property that i own?

Question

the mortgage is in my name only.

Answer 1

If the family property is in the sole name of the other spouse, this can be altered by registering it in your name also and you should draw your solicitor's attention to this. If there is any other property owned by your spouse, then steps can be taken to prevent it being sold before a settlement is agreed if you can show that this may harm your claim.
When the property is in your joint names and you wish to safeguard your half should anything happen to you whilst the divorce process continues, you can ask your solicitor to arrange this. This means that should you die, your share in the property would form part of your estate. Your solicitor will advise you but you should consider whether this action would be seen as inflammatory particularly when children are involved. You should also bear in mind that the courts have full powers to allocate property as they see fit in divorce.

Answer 2

hold your horses,

if you are in the UK, then pre nuputial agreement currently has no effect. This may change but we will see what happens.

Your husband may be given a right in law, in a court if he enforces under constructive law principles. The law is however slanted towards the woman. Having said that if both of you are highly independant and solvent before you met each other generally you won't have a worry. A constructive( so called because the court will construct intention to have a share) trust
is the ultimate result of any divorce proceedings where property is disputed.

Usually as a lawyer, people are advised to settle before a property dispute goes to the courts, because you find that any gain for any person is eaten by legal costs.

Since your mortgage is in your name, if your husband is allowed to stay at your property a future right may be invoked as an intention for you to share perhaps. As i said depends on your circumstances.

Answer 3

Run, don't walk to your local attorney office and discuss a prenuptial agreement or Pre-Nup for short. It doesn't matter who's name is on the Mortgage, if your state has the same laws as Florida your husband will have rights to 50%. You will also not be able to sell the property without his signature either. With a divorce rate of 50%, I would err on the side of caution. Love and commitment goes right out the window when a divorce is eminent, so protect yourself.

Answer 4

The laws on this vary from state to state. I live in PA and just went through a pre-nuptial agreement so here is what I learned. Your spouse has no rights to any titled property that is solely in your name regardless of when it is purchased. If his name is on the mortgage or the deed then he will be entitled to a portion. Here is the catch though, even if he is not on the title, if there were any home improvements made to the house that he can prove he contributed to would give him some rights to a portion of the equity in the house. This would pertain to the house, cars, things of that nature.

Untitled property, such as furniture and things of that nature can be even more tricky. If one person can prove that they paid for the items then they retain ownership with no distribution. If there is any contribution of funds from your spouse, then he would be entitled to a portion.

Answer 5

That all depends on a couple of things.
1. If it is all paid off then he has not right to claim unless he has his name put on it by you.
2. If you are still paying on it when you get married and he contributes to the payment then he has rights.
3. Some states differ depending on how long the marriage and contributions, value at time of divorce.
On a more personal note, if you are already thinking about what happens when you get divorced before you even get married, you may not want to really marry this person.

Answer 6

A prenuptial agreement should address this matter. However, I would recommend that you find the law library in your state and read up on the precedents in your area. It is not unheard of for a judge to overturn contracts based on the laws of the state in which you reside with your new spouse. A contract is only good as long as you have someone to fight for your rights at the end when it can get sticky. I hope it never comes to that but it's nice to be prepared.

Answer 7

call a lawyer

it depends on the state you live in (joint property state or not and some other laws are state specific)

if you are concerned about property you own before the wedding you need to consider a prenuptual agreement

in many states, depending on who sues for divorce and for what cause, your husband would be entitled to half (or more) or your total combined assets at the time of the divorce

Answer 8

Depends on what you're states laws are. If you owned it before getting married, he may have no right to it. But your state may say, you brought it into a marriage, he is entitled to half even though his name is not on the mortgage or deed. Some states are "community" states, and you'd have to buy him out, or sell it. Some states aren't. Check the laws first!

Answer 9

he has no right. the laws regarding right to a spouse's property changed in the late 1800's. before that time when a couple got married, all property and goods changed to the hands of the man. the law was changed so that a woman retains her own property during and after marriage. he has no rights to it at all, do not worry about losing your property.

Answer 10

Anything that is brought into the marriage without a pre-nuptual agreement is considered community property and he has a rightful claim to 50% of anything you bring into the marriage, including the house.