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This depends on the law of the jurisdiction in which the property is owned and in which the married couple live. This also depends on whether this has been the 'marital home', whether there are children, and many other factors. There is no hard and fast rule, except to say that if this affects you personally, you should seek legal advice. Many lawyers will offer initial advice on matrimonial affairs free for the first half-hour.

Another Perspective

Your spouse doesn't usually gain any ownership simply by marrying you. Property acquired before marriage in a community property state does not become community property. Property acquired before marriage in a separate property state can remain sole property.

The situation can change if the property becomes a marital property with the spouse contributing to mortgage payments, improvements, etc., especially if the marriage is long term. In the case of a divorce, they may be compensated for their contribution in the division of marital property.

If you have questions and want to protect your sole property then you should consult with an attorney in your jurisdiction for advice.

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14y ago

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