What are my rights to my share of equity in our home if we added the majority of the equity prior to the marriage but after I moved in?

UPDATED: Apr 1, 2012

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What are my rights to my share of equity in our home if we added the majority of the equity prior to the marriage but after I moved in?

I moved in with my husband 2 years prior to our marriage. During that time I sold my house and invested in his. Together we added to the home a large garage/workshop with a bonus room, as well remodeled the house and landscaped. This adding a substaintial amount of equity to the home. Shortly after 5 years of marriage, he threatened and bullied my kids and me out of our home. He claims that all the equity is pre-marital and does not want to give me my share.

Asked on April 1, 2012 under Family Law, South Carolina


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

Answered 10 years ago | Contributor

Please seek legal help with this matter as soon as you can.  There is no way that a court will see these actions by you as gratuitous and an act of kindness.  It was an investment in your future - your future together.  But an attorney has to do research as to case law and what will be a likely result.  You will need a time line of all the events.  You will need to show the sale of your house and the improvements on his.  When you actually married will count too. No doubt that it will be difficult but I do not think impossible.  The intent to make this the marital home will also matter.  Good luck. 

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