Am I entitled to new equity in a property my husband bought before we were married?

Full question:

My husband bought property 1 year before our marriage and he has been paying for the property since. During our marriage, the property went up $700,000. Do I have the right to share any of this property at all?

  • Category: Marriage
  • Subcategory: Marital Property
  • Date:
  • State: California

Answer:

Property acquired before marriage is typically separate
property. As to separate property, California courts may not award any
portion of one spouse's solely owned separate property to the other
spouse unless both parties request such a division. Generally, the
increase in value of separate property belongs to the sole owner, unless
the title changes due to refinancing or other circumstances.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In California, a house owned before marriage is generally considered separate property. This means it typically remains the sole property of the spouse who purchased it, and any increase in value during the marriage usually belongs to that spouse alone, unless there are specific agreements or changes in ownership.