# Is it community property? Please help!



## Estrella (Dec 6, 2020)

Hello,
I married a man who already had a house, our home. I signed a prenup agreement. We have been married for 16 years, both of us working full-time. Since the beginning we have had one main checking account where both of our salaries are deposited. The house mortage payment and all of our expenses, including renovations to the house, have been paid from our main account. Do I have the right to claim 50% of the house equity increase from the last 16 years? Thanks


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## Affaircare (Jan 11, 2010)

@Estrella.

Without being specific, it would help to know what state you are living in, because each state has different laws about how assets are divided. Again, we don't need specifics but the state would help.


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## Andy1001 (Jun 29, 2016)

Estrella said:


> Hello,
> I married a man who already had a house, our home. I signed a prenup agreement. We have been married for 16 years, both of us working full-time. Since the beginning we have had one main checking account where both of our salaries are deposited. The house mortage payment and all of our expenses, including renovations to the house, have been paid from our main account. Do I have the right to claim 50% of the house equity increase from the last 16 years? Thanks


Too many variables, not enough specifics. 
More info please.


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## Openminded (Feb 21, 2013)

What are the terms of the prenup?


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## Lance Mannion (Nov 24, 2020)

What's the difference between renting a house and owning a house? The rent you pay allows you to occupy the house but you don't need to invest your capital in order to live in that house. When your arrived at his house did you match him for his investment in the house? If he hadn't put his investment capital in the house and you both just relied on your earning to fund housing expenses, then you both might have been renters in someone else's house.


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## JustTheWife (Nov 1, 2017)

Nobody should be giving or taking financial or legal advice on an internet forum like this. You should see a professional who is qualified and licensed to be giving this kind of advice and who will take the time to understand your situation.


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## Laurentium (May 21, 2017)

JustTheWife said:


> Nobody should be giving or taking financial or legal advice on an internet forum like this. You should see a professional who is qualified and licensed to be giving this kind of advice and who will take the time to understand your situation.


Yes, this.


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## lifeistooshort (Mar 17, 2013)

I live in Florida and went through this a couple of years ago, though I did not sign a prenup.

In FL, if you contribute one red cent to the house and its upkeep whether through mortgage payments or maintenance you are entitled to half of the equity increase during the marriage. Mixing money in an account that pays the mortgage counts.

But your area may be different and your prenup may factor in. Get legal advice.


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