Marriage and property ownwd

UPDATED: Sep 30, 2022

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Marriage and property ownwd

I own a house in GA. I am planning to marry and live in the same house. I recently added my son’s name to the deed. My house is paid off. Once I married can I still keep my house as a separate property? If in case we split up someday how would that affect to my house?

Asked on August 12, 2017 under Family Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the house was purchased pre-marriage, then so long as you only pay any costs associated with it from your own separate income or funds, your spouse-to-be should have no claims to it. If you let the spouse pay mortgage, taxes, etc. for the house, they may be able to assert a claim for some compensation relating to their payment of those expenses, so you are best to keep this wholly separate and not use any of your spouses money for the home (and, of course, never put the spouse on the title in any 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 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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