I Owned This Home Before our Marriage, Isn't it Still Mine?

4 Reasons Why You May Not be able to Keep Your Pre-marital Real Estate Assets

If you owned a home before you were married, you may feel like it still is your home after the divorce. The thing is, "it depends".

What would it depend on?

The first question is, did you have a pre-nuptial agreement? Was the property addressed in your agreement? In most cases, if you owned it before marriage, it would be yours after the divorce unless any of the factors apply:

  • The name of the other spouse was added to the deed
  • The other spouse has been involved with the property
  • The value has increased due to the other spouse's efforts
  • The property was your homestead property while you were married

This is a great question to discuss with your attorney so they can guide you on the best way to address real estate you owned prior to marriage. 

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