I purchased a home several years before my marriage now I am getting a divorce do I have to pay her equity?

I purchased my home several years before my marriage. Once married we refinanced
the home putting her name on the title but not on the loan. We are now getting a
divorce. Do I have to pay her for the value of the home?

Asked on October 4, 2017 under Family Law, Michigan


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

Answered 3 years ago | Contributor

Generally speaking, the law states that property purchased prior to marriage is separate property in a divorce unless you do somthing to make it marital property.  Putting her name on the deed was one of those things that make it marital.  Check with an attorney in your state as to case law.  Generally you would get the down payment back off the top as a credit if you can prove that was paid from separate property (or if she concedes same). Good luck.

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