Q: I owned a house before I met my spouse. Does the spouse need to be included in the property management agreement?
Does my spouse have any rights to the house?
A:
This is a far more complicated question than it might appear at first blush, and it depends a great deal on what your intent is.
For example: IF the spouse does nothing at all to maintain the property or contribute towards it (such as making payments on the mortgage or paying taxes or utilities) then it is likely that a divorce court would likely consider it a 'non-marital asset'. Put ONE bit of sweat equity or money into it however ....
Similarly, is there a pre-nup agreement?
How long was the marriage?
Are there any children who live in the house and/or of the marriage?
What sorts of assets did each party bring into the marriage?
There are MANY variables that could lead to different answers. The SHORT answer is you need to discuss this with a local property and domestic affairs attorney ASAP and before you get too deep into things!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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