If I bought a house6 years ago andI got married 2 years ago, do I still own the property if we divorce?

UPDATED: Mar 8, 2012

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If I bought a house6 years ago andI got married 2 years ago, do I still own the property if we divorce?

I gave a $20,000 down payment on the house. We’ve been together for 6 years but got officially married 2 years ago. My husband makes most of the monthly payments using his checking account. I don’t have personal checks so it’s just easier this way. However, this doesn’t mean he is the only one making the payments because I work very hard as well.

Asked on March 8, 2012 under Real Estate Law, Florida


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

Answered 11 years ago | Contributor

I am so sorry that things are not working out for you.  I am a little confused about this and need to clarify some points.  First, did you and your husband buy the house together or was it just you?  Whose name is on the title?  Generally speaking, property purchased prior to marriage is marital property unless there can be shown an intent to make it marital.  The money earned during a marriage is marital money and it does not matter whose name accounts are in if the money in the account is both of yours.  I think you should seek legal help here.  Good luck.

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