Is my spouse entitled to part of the house if I owned it before we where married?

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Is my spouse entitled to part of the house if I owned it before we where married?

Still making payments; married for 3 years.

Asked on February 26, 2011 under Family Law, Arkansas

Answers:

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

Answered 10 years ago | Contributor

It  is important to distinguish "marital property" from "separate property". All property (real or personal) acquired by a married person during the marriage is" marital property." Similarly, all property owned prior to the marriage is separate property. However, to the extent that your spouse contributed any monies to the repair/maintenance of the house they may be entitled to compensation. Additionally, if they helped to contribute to the appreciation of the house either financially (e.g. paying all/part of the mortgage; paying all/part of a re-model) or through their own efforts (e.g. manual labor), they may also be entitled to compensation for that.


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