Lewisburg, TN asked in Family Law and Real Estate Law for Tennessee

Q: Will my spouse of one year have any legal right to a home purchased by me prior to marriage in the event of divorce?

We reside in TN. I bought a house before marriage in my name only. I have always told my spouse that the home will always remain in my name only because I will pass it down to my child. He was aware of this prior to getting married.

Lived together there for 2 years before getting married. The only home improvement he has been apart of was before we got married. He replaced the air conditioner unit but I purchased all of the appliances prior to getting married to even out split costs.

Now married for one year. We split all living expenses like we did prior to marriage. The marriage isn’t working. I am afraid of losing my home.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: Although the house is your separate property, he will have a claim (marital property) to an equitable portion of the appreciation in value of the house since the marriage. It could be a substantial claim.

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