Am I Entitled to My Husband’s/Wife’s Assets Accumulated Before the Marriage

Most states have communal property laws that permit both spouses to lay claim to property gained during their marriage. However, property that spouses acquired prior to the marriage is generally off-limits and not eligible to be distributed evenly after a divorce.

However, circumstances may allow for some property that your spouse acquired before you got married to be claimed by you. You can make a lawful claim against it by hiring one of the experienced Miami divorce lawyers from the Law Office of Scott A. Ferris today.


Disputing Ownership

If you purchased the property with the intention of sharing it with your eventual spouse before the marriage, you could have a claim to it even after the divorce. If the property in question was not a gift, for example, you could argue that you and your spouse shared ownership of it. As such, you are entitled to have of it or its dividends if it is sold.

However, you will bear the burden of proving that you own half of it or that you did not purchase it as a gift. Your lawyer can gather evidence showing how it was used, what percentage that each of you had access to and used it during the marriage and for what reason it was purchased in the first place.

Your attorney could also be instrumental in finding evidence like receipts showing that you paid for the property in question and that you are thus entitled to it. He or she can also obtain witness statements, pictures and other proof to show that you used the property as much as your spouse and that it was never solely owed by him or her.


You can find out more about making a claim to property that your spouse had prior to your marriage by hiring one of the Miami divorce lawyers. Contact the Law Office of Scott A. Ferris today.