Is my spouse entitled to half of my home?

UPDATED: Jul 16, 2012

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Is my spouse entitled to half of my home?

Me and my husband got married on the beach in Mexico we never legalized our marriage in the US. Then 4 months after our Mexico wedding I bought a home. My credit my down payment he is not on the loan nor did he contribute to the home purchase. We are now divorcing. Is he legally entitled to half of my home and or equity?

Asked on July 16, 2012 under Family Law, Utah


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

Answered 10 years ago | Contributor

I am so sorry for your situation.  First, if the marriage was legally entered in to in Mexico then it is considered a valid marriage here in the US.  The US recognizes foreign marriages and there is no requirement that it be filed anywhere here.  Second, assets purchased during a marriage are marital assets regardless of whose name they are in.  Now, you can prove that the funds to purchase were separate property and ask for that money "off the top" when you are dividing assets.  Assets are divided under an equitable distribution statute which means equitably not equally.  Please seek legal help.  Good luck.

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