Home Issues

I purchased my home a year before I was married and on bill statements and with the register of deeds my name is the only name listed. During our second year of marriage I refinanced my home and his name was put on the paper work during the refinance. A year ago I refinanced again and and did not need him to sign any information that I completed. So as of now how would the house have to be settled.

Property owned prior to marriage is that party’s separate property.

Even though the property was purchased befre the marriage, there are marital and separate elements to the house. During the marriage it is likely that you actively worked to make money, to pay the mortgage, to decrease the debt, and to increase the value of the house. This active increase is marital, regardless of the title of the property. To divide the property, you have to determine what the separate value was at the time of marriage, what the marital portion is, and what the passive gains in equity (if any) are.