Premarital property

[jackbc]

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

I’m getting divorced. I purchased my house in May of 1994. That is, I signed the contracts and gave my realtor the deposit and secured a loan and did all of the preparation one must do to purchase a house. So, there was a fully executed, legally binding contract to purchase the house in May of 1994. I couldn’t close until August 1, 1994. I got married in July 1994. At closing I told my lawyer I was now married, he called the lender, and they said it didn't matter. We closed, My spouse's name is not on the deed nor is she responsible for the mortgage. Is the house legally mine prior to marriage?What is the name of your state (only U.S. law)?

 

[mistoffolees]

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

I’m getting divorced. I purchased my house in May of 1994. That is, I signed the contracts and gave my realtor the deposit and secured a loan and did all of the preparation one must do to purchase a house. So, there was a fully executed, legally binding contract to purchase the house in May of 1994. I couldn’t close until August 1, 1994. I got married in July 1994. At closing I told my lawyer I was now married, he called the lender, and they said it didn't matter. We closed, My spouse's name is not on the deed nor is she responsible for the mortgage. Is the house legally mine prior to marriage?What is the name of your state (only U.S. law)?

I doubt it. The house became yours at closing. Not to mention that you've presumably been using marital funds to make the mortgage payments, taxes, maintenance, etc.

HOWEVER, if the money that you used to buy the house was yours before you got married, you could easily argue that the downpayment was a premarital asset and should be excluded from the property division.

 

[Bali Hai]

I doubt it. The house became yours at closing. Not to mention that you've presumably been using marital funds to make the mortgage payments, taxes, maintenance, etc.

This presumptous STRETCH is how dim whitted judges make their jackass rulings.

HOWEVER, if the money that you used to buy the house was yours before you got married, you could easily argue that the downpayment was a premarital asset and should be excluded from the property division.

If OP was using premarital assets to buy AND pay for the property during the marriage, BOTH should be excluded from the property division.

 

[mistoffolees]

If OP was using premarital assets to buy AND pay for the property during the marriage, BOTH should be excluded from the property division.

Yes, that's true. Unlikely, but true. They've owned the home for 15 years.