House


#1

Marital home was purchased before marriage. Deed and loan is solely in one spouses name. Marriage has lasted four years. The non-owner of the house will only work odd jobs here and there therefore has not contibuted very much to the payments or upkeep of the house if any. They are more than capable of holding a more stable job but refuses to do so. Does the non-owner of the house have any rights to the house and if so what percentage?


#2

If your home was purchased with your funds prior to marriage, and your spouse has not contributed to any increase in equity through improvements, etc., then your home is your personal separate property. Your spouse is not entitled to the home in the divorce.

However, if you have a mortgage on the home, even if it was acquired prior to marriage, then the reduction in the home loan you have made during the marriage does matter. The reduction will have been made using “marital funds,” which creates a marital interest for your ex. This would entitle her to a value of that interest as a part of equitable distribution. The calculation would include the amount of equity allocated based on ownership of marriage. She’d also be earning passive income on that interest as well if your home has appreciated in value during marriage. So, her possible interest isn’t limited to just the loan balance reduction. All of this only applies however if your home is mortgaged.