If I purchased my home prior to getting married and my spouse was never on the deed, is she entitled to the equity? We shared the home entire duration of our marriage.

Same question for 401K and pension. If I had my job prior to getting married, is
she entitled to a portion of my 401K or pension? I have had the same job the
entire duration of our marriage.

Asked on January 16, 2018 under Family Law, Arizona


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

Answered 2 years ago | Contributor

The peension and 401K part is easier to answer.  Any portion accruing during the marriage is marital property for distrobution. Those type of assets are generally valued by an pension evaluator with a start and end date (date of marriage and generally date of filing for divorce, but that varies state to state).  That portion of your pension and 401K that accrued prior to marriage is yours.  As for the house, assets aquired prior to marriage are not considered marital property UNLESS there is a clear intent to make them that way (adding her to the deed) or your spouse is claiming it became marital or quasi marital property due to some event or the increase in value is marital because she activiely improved the value (put on a new roof).  Get legal help.  Good luck.

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