3 ms·
You're being downvoted by people who aren't lawyers, but you're absolutely correct. A house that was sole property before the marriage, remains sole property a
by gamblor956 4y ago
You're being downvoted by people who aren't lawyers, but you're absolutely correct.
A house that was sole property before the marriage, remains sole property after the marriage, even if the other spouse is added to the deed. The other spouse only takes a "equitable interest" to the extent that marital resources, or their own separate resources, are invested in the house. This is the case in community property (like CA) and non-CP states (most of the rest).
The primary issue is that in some states the presumption changes when the spouse is added to the deed, so that the house is presumed to be marital property in the event of divorce until the pre-owning spouse shows that it is not. (But in most states, there is no presumption and the other spouse must show that they have an equitable interest in the house, generally by showing that marital resources were spent to pay the mortgage or make improvements.)
- gpderetta 4y agoThat's certainly not the case in UK for example.