Separate property?


When my wife and I married on 2/14/98 the mortgage balance on the house I bought in 12/1987 was $61,800. We refinanced in 2/99 for $88,100. Our current balance is $67,300 on the home. My question is does she have an interest in the increase in market value since our marriage date. I estimate the value on our home on 2/98 was approximately $190,000, and the current tax value is $245,000.



Yes, she can claim 1/2 the equity gain SINCE the marriage. It was good you have some documentation of the house’s worth at or near the time of marriage.

I recommend (JUST TO BE ON THE SAFE SIDE) that anyone that is remarrying…and has a home of their own to have it appraised at the time of marriage and keep documentation of any and all refinancing/equity loans and so forth. I’ve read several posts here addressing your same issue.


If the deed to the home is still in your sole name, the house is your separate property. Your wife will have some interest in the equity in the home (any active increase in value) that has occurred during the marriage. An active increase in value is any increase in the equity as a result of either of your efforts, mortgage principal reduction, increase in value due to renovations, ect.