Now a days with couples choosing to tie the knot later in life, we are seeing more couples begin their marriage with one spouse owning a home prior to the marriage and the couple deciding to stays in that home even after the marriage. 

If I am the home owner how do I protect my rights to my home owned before the marriage? 

If you do not want your spouse owning an interest in the home, simply do not add them to the deed because once they are added to the deed, they own an interest in the home. 

How do I protect myself if I am the spouse who does not own the property, but I am contributing to the mortgage, taxes, etc.?

You will never be able to claim that the property should be community property simply because you help with the mortgage, taxes, etc. You can only claim the property is community property if you are added to the deed. However, even if you never have your name added to the deed, you could request a reimbursement claim back to the community estate for community property monies use to improve your spouse's separate property. 

What is a reimbursement claim?

A reimbursement claim is when the spouse who does not own the property request that the court add back into the community estate community property monies used to improve their spouse's separate property. Examples of reimbursement claims could include; principal paid on the mortgage, taxes paid, repairs, upgrades, and etc. 

What if the home is refinanced during the marriage, but I owned the home before marriage? 

If you are simply refinancing the home, and not adding your spouse to the deed, then it does not matter if your mortgage was refinanced during the  marriage because refinancing the home does not change the characterization of your home from being separately owned by you. The only action that can change you from separately owning the property is a deed adding your spouse as an owner. 

This topic can become very complicated if you do not approach it in your best interest, which is why It is very important that you find an experienced Houston divorce attorney to assist you with your case, so it is handled carefully and with the representation of an attorney. 

Attorney, Ashley Nicole Green is a divorce attorney in Houston, a divorce attorney in Fort Bend, a divorce attorney in Brazoria, a divorce attorney in Matagorda, and other surrounding counties that is here to help you protect your assets! Contact the Law Office of A. Green today to book a consultation!