If I own 2 homes which I had before we were married, doesmy husband have any legal right to them?

My husband and I have separated. We also have a 3 year old child.

Asked on September 7, 2011 under Family Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

For a definitive answer, you should consult with a family or matrimonial law attorney, who can look into all the specifics of your situation. That said, assets which a spouse acquired prior to marriage will generally remain his or her own assets upon divorce; so as a general matter, your husband would not have a legal right to them, unless, that is, there was some agreement made giving him an interest in or right to the homes. However, if your husband has been paying the mortgage on the homes, that could give him some equitable interest--e.g. to some reimbursement of what he's spent, or to some portion of the sale when they are sold. That--any payments or contributions made by your husband--is something to discuss with your attorney.

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