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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption