Is a Jointly Purchased Home Valid if the Marriage is Void?

Question from Patsy, Is a Jointly Purchased Home Valid if the Marriage is Void?

Answer from AI:

When you purchase a home with someone as a married couple, the assumption is that the marriage is legally valid. However, if it later emerges that one spouse was already married to someone else at the time, this could potentially affect the legal status of the marriage and, by extension, transactions entered into under the assumption of a valid marriage, such as the purchase of a home.

Impact on the Marriage

In the United States, bigamy – being married to more than one person at the same time – is illegal. If a marriage occurs while one of the parties is still legally married to someone else, the subsequent marriage is generally considered void from the start. This means that legally, the marriage never existed.

Impact on Property Ownership

The fact that the marriage is void does not automatically invalidate the purchase of the home. The concept of “joint tenancy with right of survivorship” means that both parties own the property together and, if one dies, the other automatically inherits the other’s share. This form of ownership does not solely depend on the validity of a marriage. Even if the marriage is void, the joint tenancy can still be valid if both parties’ names are on the title and they have agreed to own the property together.

However, the revelation of a prior marriage could lead to legal complications, especially if the legal spouse challenges the ownership or if the void marriage leads to a dispute between the parties involved in the void marriage.

Legal Steps and Considerations

If you find yourself in this situation, here are some steps and considerations:

1. Legal Advice: Consult with a family law attorney to understand your rights and options. An attorney can help you determine the best course of action based on your specific circumstances.
2. Property Rights: An attorney can also help clarify the status of your property rights and whether any steps need to be taken to protect your interest in the home.
3. Annulment: You may need to seek an annulment of the void marriage to clear up any legal ambiguities.
4. Division of Property: If the relationship with your husband ends, you may need to go through a legal process to divide the property, similar to a divorce proceeding, even if the marriage is considered void.

Additional Resources

For more information on property ownership and marital rights, you can refer to resources such as the Legal Information Institute’s Real Property overview or your state’s family law statutes.

Conclusion

While the home you bought jointly with survivorship may not be automatically voided due to the void marriage, the situation is complex and could have significant legal implications. It is crucial to seek legal advice to understand your rights and to navigate the legal challenges that may arise from this situation. An attorney can provide guidance tailored to your specific circumstances and help ensure that your interests are protected.