If my spouse purchased a home prior to us getting married but added me to the mortgage immediately after we got married, is the house considered marital property or separate property in a divorce?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma property laws where I am licensed to practice.
Where I practice, the general rule is that your spouse adding you to the mortgage and deed would result in a gift, which would transmute the property into marital property and not remain one party’s separate property.
However, there are exceptions to this rule depending on whether or not the spouse was forced to do so by the bank or another third party.
My state’s divorce laws assume all property is marital and the party alleging that property is his/her separate property has the burden of proof to show the property is not marital.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.