What claim does a soon to be divorced husband have to property bought by the wife before their marriage? What about if she sells the property before the divorce is finalized?
1 Answer from Attorneys
Property brought into the marriage is generally separate property and not subject to being awarded to the other spouse by the judge. That does not mean that there are not claims on it.
For example, if there is a mortgage on property that is paid by the community estate during the marriage, then the community may have a claim for reimbursement of the principle. The same could apply to improvements made on a property during the marriage.
Also, while a divorce is pending in the court, there are typically temporary injunctions issued that prohibit the disposal of ANY property.
You should discuss this with your attorney, the rules can be daunting.