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

UPDATED: Mar 30, 2012

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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


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

Answered 10 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. 

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 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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