What are my rights if I owned my own home before I married my currently illegal husband?

I have refinanced since while were married through an FHA loan but they waived him having to be present for his signature during the closing for refinance meeting. If we were to ever divorce (either before he is legal or even after he becomes legal) would he have rights to any part of the money from the sold property?

Asked on October 19, 2014 under Family Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

What needs to be determined is if the house is considered your separate property or now it is considered marital property.  The general rule is that property owned prior to marriage is separate but sometimes there is a transmutation of property: cash deposited in to joint accounts, names added to deeds of houses and lived in as the marital home, etc.  But understand that not just living in the home makes it marital. I would speak with a lawyer in your area about what the law requires to convert this property from separate to marital.  Good luck.

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