If my husband purchased our home before our marriage and refinanced itafter we were married, am I entitled to anything from the house?

UPDATED: Aug 22, 2011

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If my husband purchased our home before our marriage and refinanced itafter we were married, am I entitled to anything from the house?

My husband and I are getting a divorce. My husband purchased the cars and house prior to the marriage and refinanced the mortgage after the marriage. Would I be entitled to anything from the house? We have been married for 2 years and 2 months.

Asked on August 22, 2011 Georgia


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

Answered 11 years ago | Contributor

I am so sorry for your situation. Here is the general rule: the general rule is that property purchased prior to marriage - and without the intent to make the property marital property - is considered to be separate property for the purposes of distribution during a divorce.  There are certain exceptions like a spouse that actively does something to increase the value of the property, etc. where a court may in fact distribute the increased value of the property as marital property, but that depends also on state lawI do not know if Georgia has such a provision in their divorce law. Please seek legal help here. There are a lot of issues that you need to discuss. Good luck to you.

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