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Divorce -- house?

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Shr00m

Member
I live in Michigan & 24yrs. old.

I was wondering, I am planning on building a house (in Ohio) in the next few months. I am building this house and everything is under my name (no serious g/f right now). If I decide to get married say, 2 years from now, and 2 years after that my marrige ends up in a divorce, will my wife be entitled to the house? I will have my own checking under my name that the money will be coming from for the house payment so it will be documented that all the money I deposit into that account will be payed on the house.

Just wondering....I know a lot of people that have gotten screwed out of their house & wondered if there was a way to guarentee that I will always have the house w/o a pre-nump.....

Thanks in advance
 


JETX

Senior Member
If the house is in your name prior to marriage, and 'her' name is never added to any deed, you could certainly claim that she has no rights of ownership.

If you also maintain separate checking accounts and only make payments from that account, that will also support your claim that the payments were not made jointly.

HOWEVER, the argument of separate payments may not stand. The problem is that, if she also works and deposits her funds into a joint account, an argument can be made that your personal account benefits from joint funds.

Here is the reasoning:
Lets say that each of you brings home $5k per month, for a total joint income of $10k per month. You 'divert' $2k of 'your' money to your personal account and the remaining $8k is used jointly. She could argue that 20% of the funds in your personal account (and the payments from that account) are proceeds from the joint income ($10k). This would then give her 20% of the equity value 'earned' during the marriage.
 

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