IfI purchase a house before marriage and later get divorced, who gets the house?
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IfI purchase a house before marriage and later get divorced, who gets the house?
Asked on February 17, 2011 under Family Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Property acquired before marriage is generally the sole property of the spouse who had purchased it, though this can be muddied if the other spouse contributes to maintaining the property. For example, if your spouse's job helps pay the mortgage and taxes, that may give him or her an interest in the home in an eventual divorce. However, prenuptual agreements are generally enforceable, so a good way to ensure that you maintain sole ownership of the home is to draw up and have your spouse sign a prenuptual agreement. A family law attorney can draft one for you that should be enforceable and which will carry out your wishes in the most efficient way possible.
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