Q: Can my husband take my homes from me that i purchased one prior to marriage one during marriage?
Can i sell home purcahsed during marriage if he is on deed but not on mortgage. can he take equity of the home prior to marriage not on deed or mortgage. but on deed on home purchased during marriage.
A: A spouse gains a property interest in real property (homes) during the marriage. This interest is independent of the deed (names on title) or the mortgage. A property can remain non-marital if there is a prenuptial agreement. Otherwise you will need the court's help to separate the marital and non-marital portions of the properties. Neither one of you will be able to sell the properties without the other signing a piece of paper (quit claim deed) waiving the marital interest in the property. Speak with a local family lawyer for more specific advice.
Stephen Arnold Black agrees with this answer
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