When a married couple owns a home, both spouses have an interest in the home, whether or not the house is titled in both spouses’ names. So if one spouse lives in a home for two years before the marriage, then gets married, the other spouse’s name does not need to be added to the title for both spouses to have a marital interest in the home.
The marital interest in the home stems from the money the spouses put into the home during the marriage, as well as any market appreciation in the home during the marriage. The spouse who owned the home before the marriage has a nonmarital interest in the house based upon the value of the home at the time of the marriage. The home is presumed to be marital unless and until the spouse with a nonmarital interest proves his or her premarital ownership, and the value of the house at the time of the marriage.