If I purchased my house before I got married and my name is the only one on the title, does my spouse get part of it when we divorce?

Asked on August 31, 2012 under Family Law, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, the presumption with respect to the ownership of the home that you have written about is that it is yours since it is in your name and was acquired before you were married.

However, if the home was not owned free and clear by you at any time and assets of your marriage were used to pay down the mortgage on it, then your spouse under the laws of all states in this country would own a percentage of the home's equity in the event of a dissolution.

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