If a spouse was making payments on a property prior to marriage but continued to pay through marriage, is it then considered to be marital property?
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If a spouse was making payments on a property prior to marriage but continued to pay through marriage, is it then considered to be marital property?
We are currently under an order of reconciliation. However I have recently become aware he is trying to refinance our home. I know tn is under marital property and in most cases a spouse even if not on deed or loan can be required to also sign if that property is deemed marital property. He already had our home and was making payments. We have kept separate accounts. Him paying house while I paid vehicles daycare and other day to day finances. Even though I have not personally made payment and my name is in no way on any current paperwork. Is our home marital. We have been married 6 years.
Asked on May 12, 2012 under Family Law, Tennessee
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Assuming you and your spouse had no pre-nuptial or post-nuptial agreement concerning the house that you are writing about where he owned it and was making payments on it before you were married to him and afterwards, then most likely under the laws of your state some portion of the equity in the home after you two were married would be considered a marital asset with the portion of equity in it before you were married being separate property of your husband.
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