Do you keep your assets if you acquired them before you were married?

UPDATED: Jul 28, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 28, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do you keep your assets if you acquired them before you were married?

If you owned a home and car before you were married do you get to keep them if there is a divorce/ annulment.

Asked on July 28, 2011 California


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

Answered 11 years ago | Contributor

First off, if there is an annulment it is as though the marriage never took place. So you each keep what you each brought onto the "marriage".

If you divorce you are entitled to keep your separate property; that is the property you either brought into the marriage, or that was gifted to you and/or inherited by you after marriage. Additionally, separate property rights also extend to any assets and property acquired with proceeds from the sale of pre-marital assets. Generally, tracing separate or pre-marital property back to its origin is not difficult to accomplish. However if there has been extensive co-mingling of funds, etc. the tracing may not be as easy. If that the case the separate property can be "transmuted" (changed) into community property.

At this point you need to consult directly with a divorce attorney in your area. They can more fully apprise you of your rights in this situation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption