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Im getting married, bt if i end up getting divorced, what right does my husband have over property that i own?
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Im getting married, bt if i end up getting divorced, what right does my husband have over property that i own?

the mortgage is in my name only.


ღஐ Queen B ஐღ
If the family property is in the sole name of the other spouse, this can be altered by registering it in your name also and you should draw your solicitor's attention to this. If there is any other property owned by your spouse, then steps can be taken to prevent it being sold before a settlement is agreed if you can show that this may harm your claim.
When the property is in your joint names and you wish to safeguard your half should anything happen to you whilst the divorce process continues, you can ask your solicitor to arrange this. This means that should you die, your share in the property would form part of your estate. Your solicitor will advise you but you should consider whether this action would be seen as inflammatory particularly when children are involved. You should also bear in mind that the courts have full powers to allocate property as they see fit in divorce.

angela h
in scotland he is entitled to half- have friend who is in that situation- he has never paid a penny to mortgage, she had the house before even meeting him, all in her name but he is entitled to half if they divorce

Run, don't walk to your local attorney office and discuss a prenuptial agreement or Pre-Nup for short. It doesn't matter who's name is on the Mortgage, if your state has the same laws as Florida your husband will have rights to 50%. You will also not be able to sell the property without his signature either. With a divorce rate of 50%, I would err on the side of caution. Love and commitment goes right out the window when a divorce is eminent, so protect yourself.

Depending on what country you live in, here in the UK you gat half as soon as you marry, but if you live together for over 6 months then its the same, your entitled to half.

Should you be getting married if you're already thinking about divorce?
But you could arrange a sort of pre-nup like the celebs do.

I'm getting married, BTU if i end up getting divorced, what right does my husband have over property that i own?
Excellent question . I found it safer to live briefly in sin and write all your properties in other people you trust. OR ,do not ever tell your partner about them.
You are liable to pay your mortgage either married or divorced. Take it from me also do not ever trust solicitors.

Artistic Prof.
That all depends on a couple of things.
1. If it is all paid off then he has not right to claim unless he has his name put on it by you.
2. If you are still paying on it when you get married and he contributes to the payment then he has rights.
3. Some states differ depending on how long the marriage and contributions, value at time of divorce.
On a more personal note, if you are already thinking about what happens when you get divorced before you even get married, you may not want to really marry this person.


stephanie l
then he has no right at all

He shouldn't have any right to it at all. Anything gained after the marriage would be considered community property. You really also need to consider getting a pre-nuptial agreement, to protect you. If he won't sign, then don't marry him. It's hard but you really have to look after you......in the longrun. Best of luck to you........



half...worried about it, get a prenuptual agreement

sell your assets before you get married and have a great hen party.

You should have a pre-nup, but I believe if u had this property before you get married, and he's not on the mortg, he has no rights, but just to cover yourself, get the pre-nup

Get a prenuptial agreement. Otherwise he gets half.

u need a pre nup. that's it plain and simple. i had so many things in my maiden name, and it was not just mine when i was married, like cars that he took and i couldnt get MY car back, bc seeing he was my husband, it was legally his too. so needless to say, he gets half no matter what. if he wants it, he can take half. what's urs becomes half his the minute you get married.

Anything that is brought into the marriage without a pre-nuptual agreement is considered community property and he has a rightful claim to 50% of anything you bring into the marriage, including the house.

call a lawyer

it depends on the state you live in (joint property state or not and some other laws are state specific)

if you are concerned about property you own before the wedding you need to consider a prenuptual agreement

in many states, depending on who sues for divorce and for what cause, your husband would be entitled to half (or more) or your total combined assets at the time of the divorce

he has no right. the laws regarding right to a spouse's property changed in the late 1800's. before that time when a couple got married, all property and goods changed to the hands of the man. the law was changed so that a woman retains her own property during and after marriage. he has no rights to it at all, do not worry about losing your property.

depends on how good of a divorce laywer you have

go to a lawyer, get a pre-nupitual agreement drawn up, that specifies that you keep all property that was yours prior to the marriage. Otherwise, once you are married, in most places, he gets half.



The laws on this vary from state to state. I live in PA and just went through a pre-nuptial agreement so here is what I learned. Your spouse has no rights to any titled property that is solely in your name regardless of when it is purchased. If his name is on the mortgage or the deed then he will be entitled to a portion. Here is the catch though, even if he is not on the title, if there were any home improvements made to the house that he can prove he contributed to would give him some rights to a portion of the equity in the house. This would pertain to the house, cars, things of that nature.

Untitled property, such as furniture and things of that nature can be even more tricky. If one person can prove that they paid for the items then they retain ownership with no distribution. If there is any contribution of funds from your spouse, then he would be entitled to a portion.

it depends how long you are married and what he has put into the home. if its a wife with children often she would get the home. but a husband is a nother matter

If you are already contemplating the possibility of divorce, then don't get married.

A prenuptial agreement should address this matter. However, I would recommend that you find the law library in your state and read up on the precedents in your area. It is not unheard of for a judge to overturn contracts based on the laws of the state in which you reside with your new spouse. A contract is only good as long as you have someone to fight for your rights at the end when it can get sticky. I hope it never comes to that but it's nice to be prepared.

Away With The Fairies
Hmmmm ... good start. Are you sure you're doing the right thing??

miss giggles
the best thing to do is sign a prenup to protect everything that is already in your name once you are married in most states what is your will become ya'lls

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