If I own a home and then get marriedand divorced, would my husband beentitled to my house even if it is in my name?

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If I own a home and then get marriedand divorced, would my husband beentitled to my house even if it is in my name?

I own my own home in AZ but I am planning to get married. I can’t afford a per-nup.

Asked on July 12, 2011 under Family Law, Arizona

Answers:

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

Answered 10 years ago | Contributor

A pre-nup does not have to be a long and involved agreement nor does it have to cost an arm and a leg.  It can simply be an acknowledgement that the house is separate property and that there is not intent on wither party to make it marital property even if you reside in it together after you are married.  Period. TheEnd.  So what I just wrote is basically the law.  Separate property - defined differently in each state but generally property owned before you were married - remains separate property after you are married.  But in some states if it can be shown that there is an intention to make the home marital or that the non-owning spouse did stuff that improved the value greatly, then the house or a portion thereof can be considered marital property in a divorce.  Good luck. 


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