When a couple get married, is previously owned property mutual?
I am a single mom with 2 kids and I own a home. I am getting married 7-7-07 and I do not wanna lose my house I have struggled for. My kids deserve this home and my husband-to-be came to me with nothing. We love him dearly but my kids deserve my house. We live in Minnesota if anyone has good advice it is appreciated. Thanks.
8 Responses
little lou lou
06 Mar 2010
Elizabeth B
06 Mar 2010
In my state, and it is not Minnesota, but I think it is this way in most states, property acquired before the marriage belongs to the person who acquired it prior to the union. Also, the house is in your name. The property that is subject to the community property rule, or the equitable property rule in other states, is only property acquired during the marriage.
To make certain, you could sign a prenuptial agreement with him. Another way is to quitclaim deed the property to yourself with a remainder in your kid’s names.
Bantree
06 Mar 2010
Whatever property you may have acquired before this marriage is not a mutual property, unless some where down the road he made improvements on the property. In any case, I would advice you to get a prenuptial agreement. It is not the best for people who honestly love each other but it would save you a lot of headache if any thing goes wrong in the relationship later (which by the grace of God will not happen). But a stitch in time, saves nine. Good luck with your special wedding date and everything.
Cory W
06 Mar 2010
items previously owned before the marriage was made are the sole property of whoever owned them in the first place, the only way someone can be "taken" during a divorce is if the item was bought through the combined efforts of both people AFTER the marriage started.
Loraine F
06 Mar 2010
So if you die before he does, he’ll have to move out immediately, on top of everything else that will be piled on him. Especially if you die and your kids are young and he’s raising them as his own. Have you really thought this through?
Christina V
06 Mar 2010
it depends if you have a prenuptial agreement or not. if you do not, then what is your is now his and vice versa.
chicago floater
06 Mar 2010
put the house in the name of your brother or sister
Goodspeed
06 Mar 2010
I believe as long as this is in your name and it has been prior to marrying then if there is to be a split sooner or later then it isn’t going to be considered community property…
No because you’ve had the house way before you knew this man its yours and i’d put it in your name if i was you.