Legal Question in Family Law in New York

contributions to home in one name only

My husband purchased property before we were married that was unfit to live in and since fixed up. What claim do I have on the home for the time, money, effort, etc I put into the place before and after the marriage date? He contributed about 80% of the cost (from his pension) and I contributed the rest from money I had prior to the marriage. The pension is from work he did before we were married; do I have any claim on it or what he spent from it? My name was never on the deed, does that matter?


Asked on 1/25/07, 6:07 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: contributions to home in one name only

If you can prove your direct and indirect contributions to the improvements made to the property, you should be able to "recoup," "recover" or be entitled to your equitable share of the "appreciated value" of property, from the date of your marriage to your divorce filing date; or another date, as the Court may determine.

You will probably need an appraisal that includes an analysis of the cost basis, all the improvements and "appreciated value" of the property, along with copies of all relevant financial documents, covering the period of the property ownership and of your marriage, including but not limited to tax returns, bills, tax, fuel, utility invoices, receipts, construction plans and bank statements.

Good luck,

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Answered on 1/28/07, 4:31 pm


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