Does my spouse have any legal right tomy homeor the equity in it if I owned it prior to our marriage?

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Does my spouse have any legal right tomy homeor the equity in it if I owned it prior to our marriage?

I am separated. I bought my home approximately 8 years before marrying my spouse. I am the only one on the title and deed. I want to refinance now to pay off some debts but am afraid my spouse will have rights to the cash I take out.

Asked on July 30, 2011 Virginia

Answers:

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

Answered 9 years ago | Contributor

Please get legal counsel from an attorney in your area before you do anything.  Although property acquired prior to a marriage is considered separate property a a general rule, in some states the waters can be muddied as to increase in value and throwing in an intention to make the home a marital home, which can have the courts classify it differently.  So seek help and let the attorney ask you the questions regarding the house that need to be asked and possibly help you decide if now is a good time to put pen to paper and start talks on officially ending the marriage. You need to be cautious at this point. Good luck to you.

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

Answered 9 years ago | Contributor

Please get legal counsel from an attorney in your area before you do anything.  Although property acquired prior to a marriage is considered separate property a a general rule, in some states the waters can be muddied as to increase in value and throwing in an intention to make the home a marital home, which can have the courts classify it differently.  So seek help and let the attorney ask you the questions regarding the house that need to be asked and possibly help you decide if now is a good time to put pen to paper and start talks on officially ending the marriage. You need to be cautious at this point. Good luck to you.


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