My husband and I have been married for 9 yrs. We lived in an apt. before we bought a house. The house was deeded in his name. We have live in the together since we bought it 10 yrs ago.
Family Law Attorney
There are a number of questions here. Marital property includes anything acquired by either party between the dates of the marriage, and the date of separation. For property acquired before the marriage, only the increase in value of the property during the marriage is marital property. In the case of a house, this usually depends on the change (if any) in the appraised value of the house, and the amount by which the mortgage was reduced during the marriage. If payments were made for the 9 years of the marriage, it is likely that some portion of the equity in the home is "marital".
Once the Court decides what portion is marital property, it is supposed to divide it in an "equitable" (fair) manner. This takes into account a number of factors, including the financial circumstances of the parties, and any other marital property which is being divided.
This is not intended to provide legal advice about your situation - just a few casual remarks about a legal question. We are a debt relief agency helping people file for bankruptcy.