If I divorce my husband am I entitled to any of his property he had before we were married?

Asked on November 4, 2011 under Family Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general rule, assets acquired prior to marriage are treated as separate, not marital, property. That having been said, such property can be "transmutted"; (i.e. changed) from a separate into a marital assets. This can happen in several ways, including the failure to keep the property separate by commingling it with marital property.

Was the deed kept in your husband's name alone? If so, is good evidence that his intent was to keep the property his alone. Again, however, if marital property was used to maintain and/or improve the house you may have a claim to it, to at least to reimbursement of a portion of joint funds used for those purposes (and any appreciation).

At this point you should consider consulting directly with a divorce attorney in your area. They can more fuller discuss your rights in this situation.

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