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Does husband have claim to property owned before marraige?

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  • 01-05-2006, 05:56 PM
    parrish
    Does husband have claim to property owned before marraige?
    I am planning on seperation from my husband of 15 years and I want to know if he has any claim to my house that I owned before we were married? Also we have 4 children, ages 17, 13, 10, and 6 years old. I havent worked for 17 years(being a stay at home mom)and he tells me I need to get a job. Now that our children are older, that is possible, but I want to know if he will have to pay alimony and child support? Thanks, Parrish
  • 01-05-2006, 06:00 PM
    aaron
    Division of Marital Home
    After fifteen years, a lot of property can be deemed by a court to have merged into the marital estate, particularly if mortgages were paid during the marriage, or if there were substantial improvements or maintenance costs. Some states also permit separate property to be invaded in order to render equitable the division of assets, if the settlement would otherwise be unreasonable to the poorer spouse. The law varies by state, so this is something a local divorce lawyer can clarify for you based upon your state's laws and the full facts and circumstances of your case.

    If he is capable of earning wages, and you receive custody, it is exceptionally unlikely that he would be able to avoid paying child support. Availability of spousal support (alimony) varies by state, and tends to be a very fact-dependent issue.
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