If I’m headed for divorce and owned my home before my marriage, will it be considered to be marital property in a divorce?

UPDATED: Oct 2, 2022

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If I’m headed for divorce and owned my home before my marriage, will it be considered to be marital property in a divorce?

I’m worried that the home I owned before the marriage will be added as marital property to be divided. I am the only one on the title and the small remaining mortgage instrument. Can I deed the house to my daughter in order to avoid it being considered as marital property?

Asked on August 22, 2019 under Family Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you owned it prior to marriage and your wife is not on the titile has not helped pay for it, she will have no interest in the home. If she's not on the title but has contributed to paying the mortgage, while that will not give her ownership of the home if bought pre-marriage, a court would likely take her contributions into account while dividing or splitting other assets (i.e. compensate her for helping to pay for the home the family lived in). 
Note that deeding the home to your daughter would not change anything about the situation: the law does not allow you to hide assets from creditors or from a spouse by putting another person's (e.g. a child's) name on the title. The law will not allow you to defraud a creditor or spouse in that way.

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.

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