If my friend bought a house 1 year before he was married, in a divorce what are his options regarding the house?

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If my friend bought a house 1 year before he was married, in a divorce what are his options regarding the house?

They have no kids together. She works at a bank and has 2 teenage daughters from a previous marriage from which she receives no support. I assume he’s getting unemployment but I don’t know. He has been laid off and I assume on unemployment. He is currently back in school for a 2nd degree. What are his options?

Asked on January 30, 2012 under Family Law, Michigan

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for his situation.  Generally speaking, property purchased prior to marriage is separate property in a divorce.  However, that assumption can be rebutted if there can be shown an intent to make the property marital property.  Putting your wife on the deed, etc., shows intent. You have not stated how long they were married.   I think that he needs to speak with ana ttorney who can ask all the right questions to help him make a determination.  Good luck. 


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