If my name was added to the title of the house that my husband owned before we were married, what are my rights to it in a divorce?

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If my name was added to the title of the house that my husband owned before we were married, what are my rights to it in a divorce?

My husband bought the house we are living in 17 years ago. We married and I moved in 7 years ago. My name was put on the house 5 years ago. If we were to divorce, would the proceeds be split 50/50?

Asked on June 20, 2011 under Family Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends. If you are now on the title as joint tenants with rights of survivorship, it could be considered a gift in terms of intent and now you are each fifty percent owners but if your state is an equitable division state, there would need to be an accounting. An accounting would track how much of the marital assets (savings, salary, etc) were used to pay the mortgage, keep up the house with repairs, pay taxes and the like. If you both contributed, I think it would be safe to assume you have more of a chance to have it split fifty fifty. Consider also if you have any pre marital or post marital (pre-nup and anti-nup, respectively), then the provision within that agreement may impact whether you take any interest in the property at all.


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