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I solely purchased my home 3 years prior to marriage. During this time my soon-to-be ex lived with me in my home and made minimal/sporadic payments to me for miscellaneous expenses. In the course of 4 years he contributed under 15k for these miscellaneous expenses. We have been married now for roughly 1 year. I understand my ex has a marital interest in my house for the 1 year we were married. I will not argue that. However, he is now also claiming he has a premarital interest in my home as well. No cohabitation agreement was ever discussed, written or signed. No improvements have been done to the home by either party. Does my spouse have a pre-marital interest in my property?
Asked on September 21, 2017 under Family Law, Minnesota
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
No, living with someone in her property does not give you any ownership or economic interest in the home. Even paying some expenses does not: typically, the courts would see those payments as one or both of a gift to the significant other homeowner (and gifts convey no rights) and/or as payment of his own share of living expenses. *Possibly*, if this ends up in court, such as in a divorce, a judge might order that he get reimbursement of some or all of the $15k that he put in if/when the home is sold, but that should be the maximum exposure for the premarital living together and contributiions.
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