In a divorce, what are my rights regarding owning a house that I owned before marriage?
I have owned a house for almost a year now and my girlfriend moved in and pays half the mortgage payment. We have been talking about getting married and I wonder if it doesn't work out and we get a divorce, can she try to take the house? Either way what if anything is she entitled to do involving property.
Minnesota is an equitable distribution state meaning that assets of the marriage are divided "equitable" not "equally". And when a marriage ends and the assets of the marriage are divided, the court looks to classify the assets as "marital property" and "separate property." Separate property is, for example, property that is acquired prior to the marriage or inherited property. Marital property is property that is acquired during the marriage with marital funds. Your property is separate property. Separate property can become marital property in a number of different ways during a marriage. If you want to make sure that the house remains separate property you should seek to enter in to a pre-nuptial agreement. Seek counsel form an attorney in your area familiar with same.
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