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Marrital property in MN


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#1 un_chicken

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Posted 07 April 2012 - 02:31 AM

I live in Minnesota and want to know, I bought a house just before I had gotten married and now about 2 months later he wants to take the house and rent it out, have unknown people rent rooms in my home and I am against it.   My quesstion is how long does one have to be married to have the house considered marrital property.   He thinks he gets half.  He does not pay the mortgage and only my name is on the mortgage note.  Does he have any right to my house.   Did I mention he is not living with me has not since we had gotten married because he is on ISR through the state for a previous incarceration.   


your answer would be greatly appreciated.   I believe he married me to aquire realestate because he has no where to live now that his x-wife is throwing his ass out.  


 


Thanks  Very Confused



#2 Ted_from_Texas

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Posted 07 April 2012 - 06:57 AM

Your spouse is either blowing smoke, or he's dumb as a box of rocks.  Under no circumstances can someone acquire an ownership interest in property simply by marrying its owner.


If you purchased the house yourself with your money before you got married, it is and will remain your separate property.  Your spouse will acquire a marital interest in the equity of the house (that is, a share of its value) to the extent that marital funds are used to make the mortgage payments and pay for taxes, insurance and maintenance.  On the assumption that marital funds are used for all of these, that means (simplistically speaking) that in the event of divorce he'd probably be entitled to half the increase in the sale value of the house between the time you married and the time you divorce.  Since you've only been married two months, that share is essentially nil at this time, but the question is moot anyway since you don't mention anything about a divorce.


Absent an action for divorce or legal separation, the law has nothing to say about what you and your spouse do about your separare or marital property no matter how long you've been married.  He is free to want to sell the house, or rent it out or whatever, and you are free to tell him to pound sand.  Since the title is presumably in your name, he can't legally do anything without your consent and cooperation.


The law also has nothing to say about the living arrangements of married couples.  Whether either or both of you live in the house (or not) is irrelevant with respect to ownership.



#3 pg1067

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Posted 09 April 2012 - 03:33 AM

un_chicken said...

My quesstion is how long does one have to be married to have the house considered marrital property.

The premise of your question -- that there is any period of time after which a pre-marriage asset will become marital property solely because of the passage of time -- is incorrect.


un_chicken said...

Does he have any right to my house.

Yes.  He has the right to live there.  And, if you get divorced, there may be a very small marital property interest if you have used marital property funds (e.g., your earnings during the marriage) to pay down the mortgage).


un_chicken said...

Did I mention he is not living with me has not since we had gotten married because he is on ISR through the state for a previous incarceration.

Up to this point in the post, you had not mentioned this (did you really not know that?).


un_chicken said...

I believe he married me to aquire realestate because he has no where to live now that his x-wife is throwing his ass out.

Given the circumstances, it certainly makes one wonder why you married him.






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