If you purchase a home prior to your marriage do you have to share it in a divorce?

The mortgage was never in the other spouse’s name.

Asked on September 6, 2018 under Family Law, Pennsylvania


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

Answered 2 years ago | Contributor

Your state divides property in a matrimonial litigation under the theory of "equitable division."  Property is first catagorized as "marital" and "separate."  Marital property is all property purchased during the marriage and before the date of separation.  Separate property is property purchased or aquired prior to marriage.  Property can become "quasi-marital" during a marriage depending on a bunch of factors.  I would seek consultation from an attorney in your area on the current case law.  Good luck.

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