| What happens if one partner owns a home. The other partner moves in. They get married. Does the new spouse have any claim to the house if the marriage doesn't last? |
| I was in this situation when I got divorced, and I'd never put my name on the house. However, I really just wanted out with no speed bumps so I didn't make any claim to the house and moved out and got my own apartment (I'm a woman by the way). I've always worked though, and no kids, so it wasn't a very complicated break and I could support myself. |
| Did the non-owner spouse contribute financially to the house? Contribute to the mortgage or repairs/upkeep? |
| depends on the law where you live. |
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Depends on the state where they got married, probably. In Virginia, they look at what each partner brought to the marriage.
I own my own home and couldn't afford to buy another one if I lost mine somehow, so I'd never marry someone without a really solid prenup. Nobody is taking my house! |
| A relative is currently going through a divorce and this was his situation. She owned the house and he moved into it. He did contribute to upkeep and some remodeling they did, so she is buying him out of a portion of it. They came to their own agreement though. I have no idea what the law is. |
The non owner contributed $ each month towards "household expenses". Did not pay any bills personally. It's NYS. |
| stop being greedy. if the relationship didn't work out just leave don't to take everything from the other partner. You said it was "owned" prior. "household expenses" are food and stuff. Just move on. |
| Depending on the state, if you contributed to the household finances which were then used to pay the mortgage, you might have a claim on the equity to the extent of your contribution. I doubt you have any claim to the legal title. |
I'm the OWNER. Not greedy. Protecting MY HOUSE. |
The non owner paid me in cash. I would deposit the money, and then just used it towards whatever. Sometimes groceries, sometimes cable bill, sometimes a vet bill, cell bill etc. Was not going towards anything specific. |
I the house was "owned", meaning no mortgage, I agree with this. But if the other person is contributing to the mortgage, then that person is absolutely entitled to a percent of the home's value unless there is a rent contract. |
If I understand PP correctly that wouldn't matter as those are household expenses. |
| It actually worked out well for me/us when we had to short sell the house that was only in DH's name. My credit was still pristine so we put things in my name for a few years while his credit score wasn't as good and he was building it back up. |
Get legal advice from a LAWYER. |