Who gets the home?

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Who gets the home?

I acquired my family’s farm at a discounted rate 10 years before I was married. I have been married for 5 years and have paid all mortgage bills and paid for all improvements to the home. My spouse now feels he is entitled to a portion of the homes assets. Does he have any claims to the property or money involved?

Asked on September 20, 2019 under Family Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

So long as your spouse did not pay for or otherwise contribute to the maintenance of the house (repairs, etc.), then he is not entitled to any share of it. The law is that any property acquired by a person prior to mariage remains that spouse's personal property.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, property acquired pre-marriage and which the spouse did not pay for or contribute to is NOT marital property and the spouse does not have any right to or claim to it. If he'd paid some or all of the taxes or mortgages during the marriage, he could have a claim for reimbursement of that amount, but that still wouldn't give him a claim to the property itself, when the property was acquired long before marriage.


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