What Happens to Property You Owned Before Getting Married If You Divorce?

Getting divorced can be messy, especially when it comes to dividing up property and assets. If you brought property into the marriage that you owned beforehand, things can get especially complicated. What happens to that house, car, family heirloom, or investment you had before saying "I do"? Let's break it down.

Separate vs. Marital Property

Any property brought into the marriage by either spouse is considered "separate property." This means it belongs solely to that person, not to both partners. Separate property includes:

• Homes, cars, furniture, jewelry, etc. bought before the marriage
• Inheritances, trust funds, and gifts acquired before the wedding
• Money or assets from personal injury lawsuit settlements before marriage
• Businesses, investments, etc. started before tying the knot

Marital property refers to anything acquired by either partner DURING the marriage. This includes income, property, businesses, retirement accounts, and even gifts and inheritances received after the wedding.

What Courts Do With Separate Property

When divorcing, separate property stays with the original owner. The value doesn't get divided up even if it is appreciated during marriage. For example, if you owned a home worth $300K before getting married and it's now worth $500K, your spouse doesn't have a claim to that $200K gain.

However - it gets tricky if that separate property gets mixed with marital money or assets during the marriage. Using joint funds to improve a home you brought into the marriage could give your spouse a partial claim. Comingling makes the classification confusing.

Community Property vs Equitable Distribution

How courts divide assets depends on whether you live in a community property or an equitable distribution state.

Community property states (like California and Texas) assume most assets acquired during a marriage are jointly owned 50/50. The exception is separate property kept totally independent.

Equitable distribution states aim for a fair split but not necessarily an even 50/50. The court looks at factors like income, needs, and contributions. One spouse could get 60% while the other gets 40%.

When Separate Turns Shared

Even if you owned a home solo before marriage, once you're married it can take on a dual nature. For example:

• If you put $100K down before marriage but then make mortgage payments with marital money, both you and your spouse could have partial claims.
• If the home appreciates during the marriage, that appreciation is considered joint marital property.
• Improvements made using marital money may also create shared interest.

That's why keeping solid records is so vital - to show the sources of money for payments, improvements, etc. This supports separate property claims down the road.

Getting Legal Help

Dividing commingled assets and property owned before marriage is extremely complex. Working with an experienced divorce attorney is crucial to understanding and protecting your rights. They can help you:

• Classify separate vs. marital property
• Determine ownership interests
• Divide assets fairly
• Avoid commingling
• Document your separate property claims

Don't leave it to chance and guesswork. Talk to a divorce lawyer as early as possible to shield your premarital assets. This helps ensure you get a fair division.

Has your head started spinning yet thinking about untangling commingled assets and premarital property? Don't stress - just reach out to an attorney. They have the knowledge and resources to safeguard your interests so you can move forward.