Can a home that is purchased prior to marriage and titled in the name of only one spouse ever be considered marital property? The short answer is yes.
Delaware law presumes that property purchased prior to marriage is non-marital. See 13 Del. C. §1513. However, that presumption may be overcome and an equitable exception to the rule applied under certain circumstances. Those circumstances may exist if the home was purchased in contemplation of marriage.
The party seeking to overcome the presumption has the burden to prove that it was the parties' joint intent at the time the property was purchased that it was done in contemplation of marriage. If the parties do not agree that it was their express intent to purchase the property as "theirs," the Court will consider the evidence to discern the parties' implied intent. See B.G. v. A.S., 2014 WL 4268434 (Del. Fam. Ct.). Family Court has declined to adopt a bright line test to determine intent. Rather, the Court will apply a case-by-case analysis to determine if the property was acquired in contemplation of marriage.
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