Can a Short Term Spouse Claim Ownership in the Other Spouse’s Premarital Property?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

Recommended reading:

Divorce & Money: How to Make the Best Financial Decisions During Divorce

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Author: Anne P. Mitchell, Esq.

Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook"

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