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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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My husband and i are considering divorce in the state of mn.

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My husband and i are considering divorce in the state of mn. However, my husband had purchased a house 2 years before we got married, after we got married we refinanced and put the "loan" in both are names. We lived there for 1 year together then put it up for a "rental" if we divorce is it considered pre marital or marital if both names are XXXXX XXXXX the mortgage? Please help I am so afraid. [email protected]

Want to add that we have been married 5 years and put loan in my name as well almost 5 years ago, did it right after we got married.


If your name was added to the title of the property, then the status of the property would change from separate property (or pre-marital property) to marital property and you would be entitled to an equitable distribution of the house. When you refinanced, it is unlikely that you were not put on the title as well as the mortgage, but you should check title documents when you refinanced.

Customer: replied 3 years ago.

So if my name did not go on the "title" then I would be entitled to nothing?

No that is not necessarily the case, I did not mean to imply that. Its just that if your name is XXXXX XXXXX title then you have a clear cut case that the house became marital property. If you were just put on the mortgage and not the title (deed), you could still prove that in effect the house became marital property by the other factors involved. And those factors in your situation would be:

(1) you were put on the mortgage;
(2) if you actually contributed to making mortgage payments from either your own funds or joint funds;
(3) the fact that you lived in the house for a year as the marital home;
(4) the fact that you rented out the house together as a married couple;
(5) the fact that your husband only owned the house for 2 years prior to marriage.

So, based on these factors you could prove to a divorce court that the house became marital property, and you would be entitled to an equitable share of the house.

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