Anonymous
Anonymous asked in Family & RelationshipsMarriage & Divorce · 6 months ago

Getting divorce, bought a house before marriage?

Im getting divorced- have two kids with her but I bought a house before getting married does this mean she gets to keep it .

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  • Raja
    Lv 7
    6 months ago

    If you have the legal ownership of the property then you are said to be the absolute owner. If it is joint ownership a share will go to the wife depending on the terms of the Deed . A Deed is a legal document which gives the terms and conditions of the ownership of property. Consult a Lawyer for proper interpretation. Property Law varies from country to country .Hence seek legal advice.

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  • Ocimom
    Lv 7
    6 months ago

    That depends on the state you live in and the divorce lawyer. Likely the house will be split between you.

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  • 6 months ago

    You are man and you can make everything again if your kid are going with her give for your kids,.

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  • Anonymous
    6 months ago

    YES LAWYER UP - Janet was right on the money and while laws vary use this as starting point

    it depends on if you can prove you never used her money to pay on the house... bought and paid for is not the same as made payments when married.

    but there is provision for you to keep the house

    judge cannot change the mortgage contract

    that contract prevails

    but if she never worked or sparsely worked you will pay one way or the other

    ------------------

    a big BIG suggestion on all things do the mirror test

    say there is $100,000.00 in shared equity verse your separate equity

    so she says you pay me the $50,000.00 her half to the equity

    reverse all offers say no you keep the house pay me the equity in cash

    and if the title is in your name she cannot borrow on the home to pay you upfront

    the mirror works best on self employed business ,, you are the business and she ask $500,000.00 for her half

    tell her no you take the business pay me the $500,000.00 ... she will run in fear

    then offer a small token amount to her say $15,000.00 She will take it

    -----------------

    I will tell you Lawyers all know each others and they have certain loyalty to each other over you the client for most part -- how much you pay may determine conditions

    never let the lawyer string it out to bill you over and over,,, keep your own written log/list you expect out of the lawyer -- tell him you will not pay for his scheduling screw ups etc (try get it written)

    But in the end In cases I help friends with

    our lawyer made provisions for her lawyer to get paid from our side... AKA she owed my buddy $5000.00 after all said and done... but they allowed him pay her $2000.00 so she could would pay her lawyer who was mislead by her there was hundreds of thousands of dollars to be had in the settlement (she never made the initial retainer payment) LOL

    the fun part was he paid her $100.00 per month for 20 months... you know she never paid her lawyer

    Remember the court MAY order her to pay or you to pay certain credit cards/accounts , car payments etc.. but if the loan if in your name and she does not pay? they will come after you not her ..... the court cannot change the debt to another person

    never ever sign any deed or title over without a new mortgage (name change no co-sign) or new loan paying off the original loan and through escrow only not quick-claim deed

    IE: quick-claim deed changes the deed but not the loan

    • Ana
      Lv 6
      6 months agoReport

      Best answer on this entire thread. Only a low IQ fool would thumb it down

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  • 6 months ago

    discuss this with your attorney.

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  • Kelly
    Lv 7
    6 months ago

    She can ask for it in the divorce, or ask for it in lieu of other marital assets that are equal or similar value.

    She is though entitled to half the equity of it during the time you were married. If you stay in the house you may be required to buy out her interest in it. Say there's $50,000 in equity in the home, $25,000 of that is hers.

    Ultimately you need an attorney to negotiate a good settlement for you.

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  • Anonymous
    6 months ago

    Questions like this always produce 2 kinds of answers. Smart people will tell you there's no way to even guess, so you need legal advice. Stupid people (or well meaning teens) will assume you gave enough info to know exactly how this will play out.

    Hope that helps.

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  • K8
    Lv 7
    6 months ago

    Get a lawyer......

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  • Eva
    Lv 4
    6 months ago

    If you did not put her name on the deed when you got married, it's your house because you had it before marriage, unless you live in a community property state.

    • opinionated
      Lv 7
      6 months agoReport

      most states, she is entitle to 1/2 the equity gained while married

      my sister's ex hubby found this out, with the house he has for 10 years before they got married, was married for about 12 years, he had to sell the house , because he couldn't find cash to give her 1/2 the equety

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  • Foofa
    Lv 7
    6 months ago

    Depends on whether she signed a prenup, whether you put her name on the deed, whether you live in a community property state and what a judge might decide. Go talk to an attorney.

    • Janet
      Lv 7
      6 months agoReport

      Prenups do NOT allow the couple to break the laws about divorce. The purpose of prenups is not to assign things that the Courts do not allow. The purpose of prenups is to keep one spouse from trying to get things they are not entitled - under law - to getting.

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