Q: I got married in November of 2020. I bought my house in 2015 before I met my husband. Can I lose me house in a divorce?
All household bills are in my name. His name is not on anything pertaining to the house.
A: As long as you do not put your Husband's name on the Deed, the home will always be a premarital asset and a court would be unable to award your Husband the property. Tat being said, if you are to make payments on the home or make improvement from income which is earned during the marriage, your Husband may be entitled to the increase in equity in your home from both the reduction in the amount owed on the home during the marriage, the increase in value due to improvements and a portion of the passive increases in market value. The only way to protect the home from his interest in increased value, at this point, is to enter into a postnuptial agreement. I suggest you consult a local attorney to discuss your options.
Tami Lane Augen agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.