Can wife stay in the home that I paid in full for prior to marriage if she gets custody of our child?

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Can wife stay in the home that I paid in full for prior to marriage if she gets custody of our child?

The house was paid off while living together; we got married 4 years later. We then built a room on for 13,000 while married. Can she get to stay in it if she gets custody? Should I allow her to pay the property taxes and insurance on it while we are separated with her spousal support? Will this give her some claim to the house?

Asked on March 30, 2012 under Family Law, Virginia

Answers:

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

Answered 9 years ago | Contributor

You need to seek help from an attorney in your area as soon as you can.  How your state determines what is marital property, separate property and quasi-marital property will matter in the guidance given here.  Some states allow a party to prove intent that the property become marital property thereby changing the status of what would be clearly separate property.  Understand also that you can agree to what ever you choose but you should both be advised of what your rights are before hand.  Good luck. 


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