What is what are my rights if my name is not on a deed but married?

Your rights as a married person whose name isn't on the deed depend heavily on the jurisdiction (country and state/province) where the property is located and the specific circumstances of your marriage and acquisition of the property. There's no single universal answer. However, here are some general scenarios and considerations:

Scenario 1: Property acquired after marriage:

  • Common-law property states/jurisdictions: In many jurisdictions, property acquired during the marriage is considered marital property, regardless of whose name is on the title. This means you likely have a claim to a share of the property's value, even if you aren't on the deed. The exact share may vary (often 50/50, but not always). Upon separation or divorce, you would likely be entitled to a portion of the property's equity through property division proceedings.

  • Community property states/jurisdictions: In some states (e.g., California, Texas, Arizona, Louisiana, Nevada, New Mexico, Washington, Wisconsin, Idaho, etc.), all assets acquired during the marriage are owned equally by both spouses. Your rights are even stronger here; you have an equal ownership interest, even without your name on the deed.

  • Separate property states/jurisdictions: Even in states that generally classify property as separate, the court may still find that the non-titled spouse contributed to the property's acquisition or increase in value (financially or otherwise – e.g., homemaking, child-rearing). This can lead to a claim to a share of the property's equity upon divorce or separation, even if it's not classified as community or marital property. Contributions must be demonstrable.

Scenario 2: Property acquired before marriage:

  • If the property was purchased before your marriage, it's generally considered the separate property of the spouse whose name is on the deed. Your rights are significantly weaker in this scenario unless your spouse gifted you a share, or you have demonstrably contributed to the property's value since the marriage in a significant way.

Important considerations:

  • Proof of contribution: If you need to establish your rights to the property, you'll need to prove any financial contributions (e.g., mortgage payments, renovations, improvements) you made. Keep meticulous records of all such payments and contributions.

  • Prenuptial agreement: A prenuptial agreement (signed before marriage) can significantly alter these rules. If you had a prenup, it will define your rights to property acquired during the marriage.

  • Legal advice: This information is for general knowledge only and is not a substitute for legal advice. The specifics of your situation are crucial. You should consult with a family law attorney in your jurisdiction to understand your rights and options. They can review the details of your marriage and property ownership to advise you on the best course of action. Attempting to handle this without legal counsel can seriously jeopardize your interests.

Ignoring the situation won't make it go away. If you are concerned about your rights, seeking legal counsel is the essential first step.