My husband and I seperated in March and he wants to file for divorce. The house he moved out of to be with someone else is in my name only, but was gotten during our marriage. The house was bought becasue of an Eminent Domain situation. The original property taken in the eminent domain was mine before the marriage and the deed is in my maiden name. Can he try to fight for the house?
1 Answer from Attorneys
Marital property is defined as that acquired during the marriage, regardless of whose name it's in. However, if the property can be easily traced to pre marital property and was kept separate, such as being in your name, you may be able to argue it is indeed non marital. An exception is any increase in value during the marriage.