Legal Question in Family Law in New York
Name on deed after marriage
My ex purchased a home in 1995 for which I gave him cash to add to his downpayment on the house. I could not put my name on the deed as I was going through a divorce. We married in 1998 and my name was put on the deed of the house at that time. Now in 2002 he filed for divorce and is claiming that I did not contribute any money toward the purchase. I am being told that I will only get half of the appreciation value from 1998 to present and none of the money that was put down for the house. Is this true?? What are your thoughts as I am very upset. I also paid for renovations before we married. I have some bills but again, I didn't want to put my name on anything due to previous divorce.
3 Answers from Attorneys
Re: Name on deed after marriage
There are a number of ways that you can prove your contribution. Remember, everything depends upon EVIDENCE. One method is to demonstrate where you obtained the funds to contribute. Join that evidence with the evidence that your husband cannot account for where he obtained the additional funds.
An adequate answer would require a review of the facts by an attorney. We specialize in such matters and you may call our office to arrange for an appointment.
Re: Name on deed after marriage
You need to supply more information for a proper assessment but I am inclined to disagree with Mr. Venezia. It is most likely that the house was converted from separate to marital property and that the source of funds is irrelevent. As such, it would be subject to equitable distribution. I have to see the deed and hear more about the transfer to be sure. Equitable distribution does not mean half, by the way. Feel free to call me at 212-367-9167. I do not charge a fee for the intial consultation. It just so happens that my practice is evenly divided between family/matrimonial and real estate law.
Re: Name on deed after marriage
Your fact pattern seems to indicate that you do have rights in the home and the improvements,that being said it depends upon what sort of proof or evidence you can provide. If you want further info you may contact my office @718-834-0087
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