Q: If I was granted a house in former divorce, can current husband get it in a divorce?

A: A divorce court always has jurisdiction to convey real estate owned by one spouse in the course of a divorce. It doesn't matter that the house is in your name only. The court will consider the house as being marital property from the date you got married. You should be able to argue successfully that the value of the house on the date you got married is your premarital property interest and that all your current husband is entitled to is half of the appreciation since you got married. Oregon uses the concept of a presumption of equal contribution rather than community property. So you are making the argument that up until the time you got married, there was no equal contribution in terms of the acquisition of the property. However the presumption of equal contribution to all martial property applies from the date of marriage forward. Similarly you would have a claim for 1/2 of any increase in any assets your husband has including any retirement accounts. The best thing to do is to sit down with an experienced family law attorney and discuss the situation.

A: Because you owned the home before the marriage, it is your premarital property. The court usually awards premarital property to the spouse who brought it into the marriage. In your case, the premarital property is the equity in the home at the time of marriage. To the extent the equity in the home has increased during the marriage, it is considered a marital asset and there is a presumption that you and your spouse are entitled to share that increase equally. You may overcome that presumption by showing that he did not contribute, financially or otherwise, to the increased equity.

If your daughter's name is on the deed, then this could change the analysis. You should contact an attorney to determine your rights.