If I remarry would my new husband automatically own half of my estate if its in my name?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I remarry would my new husband automatically own half of my estate if its in my name?

Asked on June 17, 2015 under Family Law, Oregon

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your property would not become your new husband's property automatically.  However, if an asset that you had prior to the marriage increases in value during the marriage, then that increase could potentially be considered community property that would subject to division if you and he ever filed for divorce.

If property never increases in value, then the entire property interest would remain yours.  However, if you transfer any portion of the property to your new husband, he could claim that he was now at least a partial owner.  This often happens when the spouse keeps the title in the owning spouse's name... but they add the new spouse to a mortgage. This make the true character of the property a bit more complicated.  So... good rule is that if you want the property to stay separate, then keep everything regarding the property seperate to avoid any legal battles.


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 AttorneyPages.com 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 with SHA-256 Encryption