I am married for the 2nd time. My spouse moved into the house that I already owned and which was deeded in my name only. I had a certain amount of equity in the home at the time that I got remarried. We received a 2nd mortgage in both names which was used to make capitol improvements and was subsequently refinanced in my name only. My spouse’s name has never been added to the deed. If we were to divorce, would I be entitled to all of the equity that I had in the property prior our marriage, or would my spouse be entitled to half of the total equity upon sale of the house?
The improvements on the home may be considered marital in nature as they are an active act which cause and appreciation in value.
This doesn’t answer the question. I assumed that my spouse would be entitled to SOME of the equity, but would they be entitled to half of the equity that I had in the home prior to our marriage?
No, that is separate property.