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

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

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