What Happens to a Premarital Home in a Divorce?

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Did you buy a home during a marriage and are concerned you may lose it in the divorce? Buffalo Divorce Lawyer Donna L. Haslinger explains what happens to a premarital home in a divorce. If you have questions about any divorce or family law matters, please contact us to schedule a consultation with an experienced divorce attorney. 

  • A premarital home is considered separate property rather than a marital asset.
  • Many people own homes before they marry and, sometimes, the spouses live in one or the other’s home prior to the marriage, contributing to its upkeep.
  • The court will consider what happened beginning on the date of the marriage, so any claim the non-titled spouse may have will be limited.
  • No clear picture of one party’s claim on a house owned by the other will be available when the divorce process begins.
  • It is important to remember that, although you may still own a premarital home, it may not have retained much equity. Many people own houses that aren’t true assets and may, if they are heavily mortgaged, actually be debts.

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