Legal Question in Family Law in New York
divorce w/ home
we have been married for 7 years with two kids. her name is on the deed due to bad credit on my part. i paid my part of the mortgage with cash that she deposits into the mortgage account in another bank. am i entitled to half the equity on our home when we divorce?
2 Answers from Attorneys
Re: divorce w/ home
When was the house purchased? If it were purchased during the marriage, then yes you are entitled to some equity, whether it is half would depend on other factors involved in the matrimonial. You can contact me for a phone consultation.
Re: divorce w/ home
if the house was purchased during the marriage, it does not matter whose name is on the deed the house is a marital asset. If the house was purchased before the marriage but owned during the marriage, the non owner spouse is entitled to half of the increase in value that occurred during the marriage.
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