Dividing house sale $ when spouse purchased premarriage


#1

If my husband bought the house we live in before we were married and never put my name on the deed, what rights do I have to proceeds from sale of the house if we separate? We have been married eight years.


#2

There is certainly a marital portion of the house even though you are not on the deed because mortgage payments that decrease the debt are active and increase the value. I would look at the passive increases and decreases and the active increasese in the value and the values at date of marriage and date of separation to make a determination of the marital value of the house that should be divided in equitable distribution.