Will my husband have any rights to my house if he is not on the deed?

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Will my husband have any rights to my house if he is not on the deed?

I been married five years and is seeking a divorce. Will my husband have rights
to my home that I bought before we got married. I have own my home for 12 years
now and I am the only one on the deed.

Asked on February 7, 2017 under Family Law, Indiana

Answers:

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

Answered 4 years ago | Contributor

Since the house was purchased pre-marriage and is still solely in your name, it will remain your separate property. In other words, your husband has no ownership rights in it. That having been said, he may have a claim for any economic contribution (either money or "sweat equity") if improvements were made to the house during your marriage and which increased the value of the home (i.e. such as adding a room, etc.). Further, as a general rule, your husband will not be entitled to half of the equity gained. At this point, you may want to consult directly with a local divorce attorney.


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