pre-nup

What is the name of your state (only U.S. law)? Missouri

My husband owned property prior to our marriage. We have a pre-nup which includes the property. After we were married we built a house on that property. His name is on the deed; both names are on the loan. What are my rights if any?

This seems very fact sensitive, including other marital issues. I'd think what was fair. What is fair here?

lookingoutforme said:

What is the name of your state (only U.S. law)? Missouri

My husband owned property prior to our marriage. We have a pre-nup which includes the property. After we were married we built a house on that property. His name is on the deed; both names are on the loan. What are my rights if any?

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That would depend on a lot of details. For starters:

What does the prenup say (exactly)?

Did both of you have attorneys review the prenup?

How long were you married?

Is there any equity in the home?

And who paid for the house-building?

ecmst12 said:

And who paid for the house-building?

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Right. What was the source of the funds used to erect the house?

We both work full-time and had joint accounts at that time. Therefore we both contributed. There is approximately 90 thousand in equity. I would like to find a way to stay in the house if possible. Pre-nup was files approx 1 week before marriage using his attorney. As far as the pre-nup on the items he is to retain it states "property at(then the address). No values posted on anything in pre-nup. Obviously that was prior to construction and we were living in a house in another city. Of course I would lime to keep house but if that's not possible I do want to be fair. He doesn't feel I'm entitled to anything.

lookingoutforme said:

We both work full-time and had joint accounts at that time. Therefore we both contributed. There is approximately 90 thousand in equity. I would like to find a way to stay in the house if possible. Pre-nup was files approx 1 week before marriage using his attorney. As far as the pre-nup on the items he is to retain it states "property at(then the address). No values posted on anything in pre-nup. Obviously that was prior to construction and we were living in a house in another city. Of course I would lime to keep house but if that's not possible I do want to be fair. He doesn't feel I'm entitled to anything.

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The entire value of the land would be premarital (minus any open mtgs at that time). The house constructed could be comingled marital property. So one would likely need to subtract the land value from the total improved value, then deduct the debt, and divide the remaining value in half. He'd likely owe you half of the equity in the improvements (house). Whomever keeps the place would need to pay off the other their interest and refinance them off the debt.

Was there an open mtg on the land at time of marriage? If not, should you keep the place, expect to pay him for the land plus half the equity in the house.

lookingoutforme said:

We both work full-time and had joint accounts at that time. Therefore we both contributed. There is approximately 90 thousand in equity. I would like to find a way to stay in the house if possible. Pre-nup was files approx 1 week before marriage using his attorney. As far as the pre-nup on the items he is to retain it states "property at(then the address). No values posted on anything in pre-nup. Obviously that was prior to construction and we were living in a house in another city. Of course I would lime to keep house but if that's not possible I do want to be fair. He doesn't feel I'm entitled to anything.

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Well, he is wrong about that. You are entitled to half of the equity in the home. I do not see any way that YOU could keep the home since its sitting on his premarital land.

However, since you did not have an attorney for the prenup, it may not hold. See an attorney of your own, now.

LdiJ said:

Well, he is wrong about that. You are entitled to half of the equity in the home. I do not see any way that YOU could keep the home since its sitting on his premarital land.

However, since you did not have an attorney for the prenup, it may not hold. See an attorney of your own, now.

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I She is entitled to half the INCREASE in equity since the marriage.

HE already owned the land portion and brought that equity to the marriage, so the equity he had at marriage needs to be deducted out..

nextwife said:

I She is entitled to half the INCREASE in equity since the marriage.

HE already owned the land portion and brought that equity to the marriage, so the equity he had at marriage needs to be deducted out..

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I was assuming that she was only talking about the equity in the house itself. However, if the equity was with the house and land combined, then I absolutely agree with you.

Thank you. Yes, I am talking about the equity of the house alone,not the property. I don't want to be unfair,I don't even want this divorce. However,I do want what I'm entitled to.