Q: Do I have rights to the marital home if it was purchased before the wedding, it is in a trust, and I’m not on the title?
The house is currently being paid off with commingled funds and I have contributed financially to the improvement of the home. My husband has it in a premarital living trust. We do not have a prenup but all of his assets are in a premarital revocable trust. Do I get nothing if we split?
A: The marital estate should be reimbursed for the marital funds that were spent on the home improvements. Whether it should be reimbursed for the principal reduction of the house payments is something to be argued on a case by case basis.
Cheryl Powell agrees with this answer
A: I think you should get something. But you should consult a trusts and estates lawyer about this issue first.
A: The answer depends on the nature of the improvements you contributed to, and the amount of money spent on them. There are also some other relevant questions, such as whether you contributed to the down payment of the house, whether you co-signed the mortgage, etc.
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