Property Owned Before Marriage

[meldresler]

What is the name of your state? VA

Hi - I didn't get a response on the "Family Law" page. I'm wondering if you can help.

I have a condominium that I owned when I was single and have rented since being married. I was considering selling and my husband (OK, things aren't working out very well), has let me know he considers it joint property. I have about 200K in equity.

Does he have rights to all of the equity? Maybe just to the appreciation on the equity since we married? Does anything change legally if I sell while married?

Thank you for any help -

 

[MortgageGuru]

I don't know Virginia law but in Tennessee, as long as you can show the paper trail for the purchase of the property going back well before you were married then the spouse has no ability to get any of it.

 

[Ciarraine]

Virginia law would protect you. There's actually a law about this situation that was originally designed to protect state legislator's wives. You should know that the instant you put the proceeds into a joint checking account you've given your husband ownership of the cash, though.

 

[meldresler]

OK, thanks. My brokerage is in my name only so I'll assume that this means I could sell, put it into my own account, and not change legal status. Thank you again!