What are a spouse’s rights to as house that was purchased before marriage and put solely in the other spouse’s name?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are a spouse’s rights to as house that was purchased before marriage and put solely in the other spouse’s name?
My wife and I have been together for 4 years. We just got married 14 months ago and separated 9 months later. The whole time we were together I gave her my paychecks. The house was bought 3 1/2 years ago and was put in her name. Do I have any legal rights to the house in the divorce?
Asked on June 21, 2011 under Family Law, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need a really good lawyer here. Generally speaking, assets purchased prior to marriage are considered separate property (unless there is a specific action to the contrary that would allow a court to rule otherwise) and assets purchased during a marriage are marital property regardless of whose name they are in as long as they are purchased with what would be considered marital funds (like an inheritance). Now, from the way that you phrased the question here it appears that the property was purchased with joint funds but titled only in her name. A very dangerous thing for you and you may be out of luck. But I would try and show the purchase and subsequent marriage as one transaction with one intent. AS your lawyer if this approach would fly, so to speak. 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.