Don't know where this question belongs

[nalnk]

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

Someone purchases home in PA prior to marriage. Deed remains unchanged. Still separate property. Individual (the owner) refers to it as "our" house. Can words come to bite that person in the behind in the event of a divorce? The "person" lives in wife's home (deed is in her name... the "house" is from her prior marriage). the "person's" house is rented out. Not sure if "marital" income has been used to make repairs from "tenant" damage. That would complicate things. I know that the "person" is using his marital income and paying the mortgage on the "wife's home". I also know that the wife's home has had equity taken out for additions and such. Marital income is repaying the equity loan.

 

[ecmst12]

Not that it's any of your business, but the spouse would be entitled to half the marital equity if they were to divorce.

 

[LdiJ]

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

Someone purchases home in PA prior to marriage. Deed remains unchanged. Still separate property. Individual (the owner) refers to it as "our" house. Can words come to bite that person in the behind in the event of a divorce? The "person" lives in wife's home (deed is in her name... the "house" is from her prior marriage). the "person's" house is rented out. Not sure if "marital" income has been used to make repairs from "tenant" damage. That would complicate things. I know that the "person" is using his marital income and paying the mortgage on the "wife's home". I also know that the wife's home has had equity taken out for additions and such. Marital income is repaying the equity loan.

There could be some marital equity. Equity that accrued during the marriage. However, premarital equity and actual ownership of the home is the separate property of the wife in this instance.

 

[nalnk]

There could be some marital equity. Equity that accrued during the marriage. However, premarital equity and actual ownership of the home is the separate property of the wife in this instance.

The "person" bought the house in 97 ... ten years prior to marriage. The "person" rents it out now. My question is.... since he refers to it as "their other home", could that bite him in the butt later and... is it tainted because current / marital income likely has been used to fix it up after tenants have trashed it. Also, the "person" lives in the wife's house which is her separate property. The "person" had a hefty income (now disabled) and the "person's" income was largely used to pay mortgage payments as well as the home equity payments. The person probably is entitled to the increased equity in the wife's home. But my question is.... do words come to haunt someone if they repeatedly label everything theirs, ours, even if it isn't. I have reason to believe that the "person's spouse bullies to get their way and have all of the "person's" belonging be "theirs".. The "person's spouse is also Bi-Polar and medicated and the "person" might feel they need to do this in order to avoid a situation.. I am worried. Just looking for facts not opinions. thank you!

 

[LdiJ]

The "person" bought the house in 97 ... ten years prior to marriage. The "person" rents it out now. My question is.... since he refers to it as "their other home", could that bite him in the butt later and... is it tainted because current / marital income likely has been used to fix it up after tenants have trashed it. Also, the "person" lives in the wife's house which is her separate property. The "person" had a hefty income (now disabled) and the "person's" income was largely used to pay mortgage payments as well as the home equity payments. The person probably is entitled to the increased equity in the wife's home. But my question is.... do words come to haunt someone if they repeatedly label everything theirs, ours, even if it isn't. I have reason to believe that the "person's spouse bullies to get their way.. The "person's spouse is also Bi-Polar and medicated and the "person" might feel they need to do this in order to avoid a situation.. I am worried. Just looking for facts not opinions. thank you!

Ok...so we are talking about two different properties? A rental home owned by the husband and the marital residence owned by the wife? If I am understanding you properly it would appear that both properties could have some marital equity. If marital income was used for either property that creates a marital interest. Again however, ownership and premarital equity would be the property of the actual deeded owner.

Words have nothing to do with it...usage of marital income does.