I purchased a home several years before my marriage now I am getting a divorce do I have to pay her equity?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

I purchased a home several years before my marriage now I am getting a divorce do I have to pay her equity?

I purchased my home several years before my marriage. Once married we refinanced
the home putting her name on the title but not on the loan. We are now getting a
divorce. Do I have to pay her for the value of the home?

Asked on October 4, 2017 under Family Law, Michigan

Answers:

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

Answered 6 years ago | Contributor

Generally speaking, the law states that property purchased prior to marriage is separate property in a divorce unless you do somthing to make it marital property.  Putting her name on the deed was one of those things that make it marital.  Check with an attorney in your state as to case law.  Generally you would get the down payment back off the top as a credit if you can prove that was paid from separate property (or if she concedes same). Good luck.


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 lock Secured with SHA-256 Encryption