If my spouse owned property prior to our marriage and then sold it after our marriage, am I entitled to any ofthe proceedsif we divorce?

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If my spouse owned property prior to our marriage and then sold it after our marriage, am I entitled to any ofthe proceedsif we divorce?

My husband had a piece of property in FL and after his divorce from his first wife he got all rights to it. After we married he sold it. If we divorce, am I entitled to half of the sale proceeds?

Asked on July 1, 2011 under Family Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The general rule is that property acquired before marriage remains as separate property after marriage. Therefore when such property is sold the proceeds are also considered to be separate property. However, if the property is "co-mingled" (i.e. mixed with) marital property then it may be "transmutted" (turned into) marital property. Much depends on the circumstances of each case. Your divorce attorney can more fully advise you.


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