Legal Question in Family Law in Kentucky

marriage and divorce

if a person owns a house and property prior to marriage and the house stays in that persons name only, should there be a divorce, is the other spouse intitled to any claim on the property and house


Asked on 6/18/07, 11:20 am

2 Answers from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: marriage and divorce

I agree with the other answer to your question with one exception. The portion of payments that went towards the principal made during the marriage are likely to be considered marital investment so a percentage of the property would be marital property.

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Answered on 6/18/07, 6:26 pm

Re: marriage and divorce

If you bought the house before you were married, your spouse has what is called a dower interest. This interest is terminated when you get the divorce.

Unless your spouse invested money in or did improvements to the house, it is considered your separate property. If your spouse did put money and/or time into the house (like remodeling or additions), he or she may be entitled to compensation for the value they have put in to the property.

However, if none of these applies, and the house has increased in value without making improvements, the increase in value is also your separate property.

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Answered on 6/18/07, 12:13 pm


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