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The issue of retaining separate property in a marriage can be tricky from a legal perspective. Does the property solely belong to the spouse who entered the marriage with it, or does it automatically belong to both partners once they walk down the aisle? Much of how marital property is handled is determined by your state's divorce laws. Below, the attorneys at Penoyar Law Offices in South Bend, WA, discuss a few ways you might be able to keep separate property in a marriage.

How to Keep Property Separate in a Marriage

1. Draw Up a Prenuptial Agreement

attorneyA prenuptial agreement is one of the most effective ways to retain single ownership of your property. This document is drawn up before the marriage, and both spouses agree to its terms; they basically lay out what property belongs to what spouse, so, in the event of a divorce, ownership of these assets is not in question. You can design a prenuptial agreement that maintains the property you're entering the marriage with is still yours, even after a divorce.

2. Keep Gifts Separate

If you were gifted a piece of property that you want to remain in your own name, you must keep it separate from your jointly owned belongings. This means you cannot use marital assets, like joint bank accounts, to fund repairs or upgrades to the property. Basically, you don't want to add any value whatsoever to the property with marital funds, or the courts will likely view it as jointly owned by you and your spouse.

3. Don't Live in Individually Owned Property

Another way to easily separate individually and jointly owned property is to simply not live in the former. Once you and your spouse live in it, any contributions made to the upkeep or refurbishment of the house, however minor, will be considered marital contributions. As a result, your spouse can lay claim to at least a portion of the home's monetary value. To ensure the house remains yours, you could always choose to not set up your home there.

Let the attorneys at Penoyar Law Offices help you find the most effective ways to remain the sole owner of your property. With more than a century of combined experience, they serve area clients in real estate, estate planning, and probate law issues. Call (360) 875-5321 today to schedule a consultation with an attorney, or visit them online to learn more about their practice areas.

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