I have been married for just over a year and i am filing for a divorse and i wanted to know if i have to split my house with him, I have owned my house for 20 years prior to us getting married. so before i file i wanted to know if i have to split it with him .. thank you
2007-03-08 12:07:59 · 12 answers · asked by Michael M 2 in Family & Relationships ➔ Marriage & Divorce
See that's what you get when you get married on a whim. You're getting divorced after a year. Didn't know him as well as you thought huh? As far as your question goes, when you get married EVERYTHING that you own becomes what you can call community property. That means that both of you are charged with it's care and legally have ownership of it. Yeah you will have to give him half of it if you split everything. OR you could have a divorce settlement that leaves you the house and gives him other things. Of course you would have to agree on this.
2007-03-08 12:15:47 · answer #1 · answered by Vince R 5 · 0⤊ 0⤋
If you owned the house prior to getting married and did not add her name to the title, then it’s separate (not martial) property and is not subject to division. However, any increase in the value that occurred during the marriage may be subject to division. For example, if the property was worth $100,000 when you married and is now worth $150,000, then she might be entitled to $25,0000 (half of the $50,000 increase). But since you’ve only been married a year, that probably is not going to be an issue.
Talk to a local attorney to verify.
2007-03-08 21:07:13 · answer #2 · answered by kp 7 · 0⤊ 0⤋
In community property states your joint assets are divided. Since you owned the house before marriage that portion of the ownership is separate property. Did you make payments on the house while married? If so that part is community property. I think the part that may be community property is very small. Does he have something that would be community property where you have part ownership? You can trade off.
2007-03-08 20:14:41 · answer #3 · answered by lestermount 7 · 0⤊ 0⤋
It depends how the house was used the house during your marriage. For example, if you and your husband lived in it together as a primary residence, then YES it will be subject to an equitable distribution.
However, it was not a primary residence and you did not use any of the proceeds from the property to finance the marriage, then no it would not be subject to an equitable distribution. But, for example, if you used that home as an investment property and combined the assests jointly with your husband, then YES it will be subject to equitable distribution.
2007-03-08 20:15:45 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Unless you have some kind of written agreement exempting it from a possible divorce (pre-nuptial), then it becomes marital property unfortunately. Now you may be able to work out some kind of agreement outside of court with him to keep the house. So hopefully youre a real good negoiator and know how to compromise
2007-03-08 20:49:56 · answer #5 · answered by Arthur W 7 · 0⤊ 1⤋
THE ONLY WAY TO KNOW IS GOING TO COURT UNLESS HE SETTLES IT HIMSELF AND SAYS HE DOESN'T WANT ANY OF THE PROPERTY WHICH ISN'T LIKELY
IT WILL BE UP TO THE JUDGE
EVEN THOUGH YOU OWNED THE HOUSE BEFORE HAND THE JUDGE CAN SAY YOUR SPOUSE HELPED KEEP IT UP OVER THE LAST YEAR
SINCE YOU WERE ONLY MARRIED A YEAR I SAY YOUR CHANCES ARE GOOD THAT YOU'LL BE ABLE TO KEEP YOUR HOME FOR YOURSELF.BUT I'M NOT A JUDGE...
2007-03-08 20:15:05 · answer #6 · answered by Lauren D 4 · 0⤊ 0⤋
FLORIDA
The court shall award to each spouse that spouse’s non-marital assets and liabilities. The court makes an equitable distribution of the marital assets and liabilities.
2007-03-08 20:20:59 · answer #7 · answered by prop4u 5 · 0⤊ 0⤋
It depends on many factors. Did she give up any property or finances(job, accounts, etc) to move in with you? Florida usually looks at those such things. It is a "no-fault" state.
2007-03-08 20:11:55 · answer #8 · answered by StormyC 5 · 0⤊ 0⤋
if u added their name to the deed, than they can get part of it, if u never added their name to it, than no they can't touch it. if it belonged to u before the marriage the only way they would get a share of it, would be if their name was on the deed.
2007-03-09 06:31:11 · answer #9 · answered by jude 7 · 0⤊ 0⤋
if her name is not on it. that unfortuneltly happened to my dad. he had our house for 10 years before he met my mom but he put her name on it. and when they got divorced my dad either had to pay her money or when he sold it give her half.
2007-03-08 20:12:12 · answer #10 · answered by awesome 2 · 0⤊ 0⤋