If Iowned a house prior to being married, does my wife now become co-owner of the house automatically?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If Iowned a house prior to being married, does my wife now become co-owner of the house automatically?

I owned and have been paying for my house for over 13 years. I got married 4 months ago.  Do I need her to sign off on the house if I decided to sell? She is foreign national and she did not ever work in the US.

Asked on June 23, 2011 under Family Law, North Carolina

Answers:

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

Answered 13 years ago | Contributor

Generallyspeaking, assets that were yours before the marriage remain yours during and after the marriage unless there is a co-mingling of assets (like bank accounts or added someone to the deed) or there is shown an intent that you wished the asset to become marital property.  You may want to consult with an attorney in your area regarding the house and regarding a post nuptial agreement with your spouse as to the asset.  If you were to sell it a buyer's attorney might want some affidavit from your wife that she has no interest in the property.  You alone would only need to sign the contract and closing documents.  Good luck.


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 lock Secured with SHA-256 Encryption