IfI refinance a house that was mine prior to my marriage, is my wife entitled to any ofit in a case of divorce?

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IfI refinance a house that was mine prior to my marriage, is my wife entitled to any ofit in a case of divorce?

Asked on December 13, 2011 under Family Law, Illinois

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

There are several issues. Assuming you live in a community property state, depends on how you pay the down payment when you refinance, the house may havee a portion of community property that your wife is entitled to half. For example, if you paid down the down payment with community fund. Also, if you change the title and put your wife's name on the title in one way or another, it may be viewed as a transmutation to give the house to the community and your wife may be entitled to half.


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