If my husband owned a house prior to marriage and we have agreed for me to leave for a while, ifI do will I give up my property rights?
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If my husband owned a house prior to marriage and we have agreed for me to leave for a while, ifI do will I give up my property rights?
Asked on November 14, 2011 under Family Law, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Leaving will not affect your property rights, but the issue is what property rights you may or may not have. If you live in a community property state such as CA, community property is property acquired during marriage. Separate property is property acquired before marriage or after the marriage ends.
Since your husband owned the house prior to marriage, it is his separate property. As separate property, you would not have a claim to the house. If the house had been purchased during marriage, it would be community property and since each spouse has a one half interest in community property, you would have a one half interest in the house. If improvements were made to the house during marriage and the improvements were made from community property funds (income earned during marriage), you would have a one half interest in the value of the improvements to the house which resulted in its increased value.
If you don't live in a community property state such as CA, other rules may apply regarding your property rights in the house.
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