How Is Real Estate Owned Prior To The Marriage Treated? | Friendship Heights Attorney

Transcript

How real estate owned prior to the marriage is treated depends on a few factors. If you have a prenuptial agreement that dictates how property will be divided in the event of a divorce, that will most likely control the division of the asset.

In the absence of a prenuptial agreement, courts typically classify property as either marital, separate, or part marital. For property owned prior to the marriage—such as real estate—the value of the property at the time of the marriage (i.e., the equity) will likely remain separate. However, any increase in the property’s value during the marriage is likely considered marital. In some cases, the entire property could become marital if certain events occur, such as gifting or treating the property as though it were marital instead of separate.

This can become a gray area, and every case is different. It’s essential to hire an experienced family law attorney who can guide you through the process and advise you on how to treat the asset in your divorce.