In a divorce, what happens to a house that was purchased prior to the marriage?
I purchased my house prior to being married. My name is the only 1 on the mortgage. I have owned the house for 5 years. My spouse has paid a portion of the mortgage. Divorce has come up. Would my spouse "own" a portion of the house if we go through with the divorce? We have been married a little over 4 years.
If the house predated the marriage and your spouse was never put on the title or otherwise given an interest in it, it should still be your house. It is possible that your spouse may have an equitable claim relating to the portion of the mortgage he paid--i.e. you may have to repay, when assets are being split, the money he put towards the mortgage; or if the house is sold, he may have a claim for some of the proceeds (assuming it sells for more than loan(s) on it), in proportion to that piece of the total debt he has paid. So by paying part of the mortgage, there will be something he can get out of a divorce relating to that, but paying part of the mortgage does not transfer ownership. A divorce or family law (matrimonial) attorney can advise you as to the exact impact your spouse's payments will have.
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