Who owns the house

Normally, the home purchased prior to marriage would be considered separate property. With the refinancing then I’m sure that the spouse is entitled to some equity in the home. Wouldn’t spouse’s name legally have to be added to the deed upon refinancing?

your name can be on the mortgage without it being on the deed. But I believe stepmother is right, your stbx will have some equity out of the house, but only for the tim you two were married, even if you lived together first.

If the title to the property has never been changed then you own the home. However, your spouse may have a “marital interest” in the property. If you have paid down the debt while you were married then the decrease in the principle balance of the mortgage is marital property. In addition, if you made any improvements to the property, the increase in the value of the property due to your active efforts is marital property.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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I bought my home several years before we were married. My spouse’s name was never added to the title/deed. We’ve refinanced several times. My spouse contributed to 18 months of the mortgage payments. Who owns the home? Can my spouse “take it away from me” as spouse has threatened? Thank you.