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Question

If a divorce should occur, will the husband have rights to property purchased by the wife prior to marriage? I am a single woman with the ownership of a condo townhouse of 17 years. I have received a proposal of marriage in which I have accepted. This is my first marriage and I am looking forward to a long lasting marriage; however, if by some chance we become divorced, will my husband have rights/benefits to retrieve monies from the property I purchased and owned prior to marriage

Submitted: 856 days and 23 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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East Haven, Connecticut

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Accepted Answer

Property owned by one spouse before the marriage remains separate property during the marriage.

Be aware, however, that if the property were a business and it increased in value during the marriage, or if both spouses contributed to the business, either by labor or financially, that portion of the value of the business may "inure to the community’s benefit."

If this scenario occurs in a an "equitable distribution state", the spouse would most likely be entitled to half of the value of the business for the period that you were married.

Now, if this is simply a property and the husband doesn't contribute to it in any way that increases its value significantly it would remain your personal property and not be subject to claims in any divorce.

Just be sure that the property (and any loans associated with the property) remain in your name alone during the marriage to protect it as individual property should the unfortunate situation of divorce result. If you add his name to the deed/mortgage/etc it could result in his having a claim on the property in the event of a divorce.

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Expert: Matt Kesler
Pos. Feedback: 99.5 %
Accepts: 
Answered: 7/20/2007

Researcher/Law Student

A year away from my J.D. and I've handled my own legal issues involving the business I own for years

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