Can a Short Term Spouse Claim Ownership in the Other Spouse’s Premarital Property?
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Summary
After being married only a few months, this couple separated and she is filing for divorce. Can he can claim some part of the house she owned before the marriage? |
“After being married for only a couple months, my husband left and moved to another state. He also has a girlfriend which I just found out about. The house we lived in is mine, and has been for 17 yrs. He stayed there for only a couple of months. I plan to get a divorce when the year is up. Will he be entitled to any of the house at all?”
Unless the laws in your state are very unusual, almost certainly not. Even in a community property state, the most he would be entitled to would be a tiny, tiny amount of money, and that would only be if his income or assets had been used to make your house payment during the marriage.
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Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
