Professional
legal advice
for $99.

Avvo Instant
Talk to a lawyer

If a spouse purchases property before the marriage is that consider non-marital? Can the spouse ask for money from home equity?

Husband is filling for divorce everything is in my name and he has worked out of state. He was not helping with the bills. Now he wants money for the house, which was purchased by me with my money..

District Heights, MD -

Attorney Answers (4)

Thomas E Mulinazzi

Thomas E Mulinazzi

Divorce / Separation Lawyer - Columbia, MD
Answered

It seems to be non-marital on its face. However it is very likely that you and your spouse paid towards the "acquisition" of the house or property via payments after you were married. If do this creates a mixed non-marital and marital property.

Often in those cases the lawyers work to identify the non-marital value and then the spouses negotiate to reach a settlement on the other spouses share. Many factors and information come into play including the spouses monetary and non monetary contribution to increasing the value of the property.

You should consult with an attorney to find out more and protect your rights.

Sponsored Listing
Jeffrey P Nesson

Jeffrey P Nesson

Divorce / Separation Lawyer - Owings Mills, MD
Answered

Non marital property can have marital attributes so answer gets complicated. Try asking for part of his pension if he has one. You may want to consult with an attorney.

This is not to be considered legal advise and no attorney client has been established.
David Raymond Mahood

David Raymond Mahood

Divorce / Separation Lawyer - Savage, MD
Answered

I agree with all three attorneys, and I would add that when a spouse is asking for something which is intrinsically unfair, it can be a tipoff you are going to have a lot of problems as the case moves along. It is true that the husband probably has an interest in some of the principal paydown for the home loan during the marriage, but if he is arguing that he deserves half the equity simply because you married him, then tell him "No," that he will only get what is required by law. If he is still unreasonable, then you might want to consider hiring an attorney to protect what is yours. If you need further advice, feel free to give me a call.

Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/... more
Sponsored Listing
Dean George Tsourakis

Dean George Tsourakis

Divorce / Separation Lawyer - Clearwater, FL
Answered

The property is non marital and is separate but the appreciation may be marital and the payments toward the property may have used marital funds entitling the other spouse to credits.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Featured Legal Guides

Dividing Separate Property in Divorce

Separate property generally refers to property that is acquired before marriage. However, gifts and inheritances are also separate property.

Featured Legal Guides

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.