If I purchased my home prior to getting married and my spouse was never on the deed, is she entitled to the equity? We shared the home entire duration of our marriage.

Get Legal Help Today

 Secured with SHA-256 Encryption

If I purchased my home prior to getting married and my spouse was never on the deed, is she entitled to the equity? We shared the home entire duration of our marriage.

Same question for 401K and pension. If I had my job prior to getting married, is
she entitled to a portion of my 401K or pension? I have had the same job the
entire duration of our marriage.

Asked on January 16, 2018 under Family Law, Arizona

Answers:

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

Answered 3 years ago | Contributor

The peension and 401K part is easier to answer.  Any portion accruing during the marriage is marital property for distrobution. Those type of assets are generally valued by an pension evaluator with a start and end date (date of marriage and generally date of filing for divorce, but that varies state to state).  That portion of your pension and 401K that accrued prior to marriage is yours.  As for the house, assets aquired prior to marriage are not considered marital property UNLESS there is a clear intent to make them that way (adding her to the deed) or your spouse is claiming it became marital or quasi marital property due to some event or the increase in value is marital because she activiely improved the value (put on a new roof).  Get legal help.  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 with SHA-256 Encryption