Seperation


#1

I don’t believe so. Since the home was purchased prior to her marriage it would be considered separate property. If he was never put on the deed, he has no say in whether or not the home is sold, has no responsibility for the debt nor does he have any claim to the asset. He is entitled to 1/2 the marital assets but that would exclude the home, and responsible for 1/2 the marital debt which would include everything except the home, anything that is under his name. I’m not sure what you mean by household expenses though…


#2

the house is her separate property, unless there is some document stating she intended to make a gift of the house to him. However, if they reduced the principal on the mortgage during the marriage, then the reduction in the principal on the mortgage would be marital property. He would also be entitled to any increase in value that was caused because of their active efforts, such as installing new floors, upgrades etc. Increases in value that occur simply because of market forces are not marital property. He cannot force her to sell the home.

Depending on the disparity in their incomes, he may owe her support. However, on a short term marriage she may have a hard time getting alimony. He would not owe her for half the utilities or other expenses. If they accumulated any debt or other assets during the marriage, that would be marital property that they would be required to split.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

My daughter and hubby of 3yrs have split…he moved out. Before they were married I helped my daughter with the purchase of a new home. We are joint owners (hubby is not on the title). My question is…since he vacated can he be held liable for half the mortgage & house hold expenses?..can he force the sale of her home and claim 50% even though he is not on the mortgage and she had the hs before their marriage?