Legal Question in Family Law in New York
Home Ownership
I bought a house prior to marriage but the closing happened less then 20 days after the marriage. The house is in my name only. The deed and the mortgage. We are getting divorced. Will he have any rights to my house?
2 Answers from Attorneys
Re: Home Ownership
If it was the marital home or it was brought with joint assets, or if he contributed to the upkeep of the home in anyway he would have a right to an equitable share of any appreciation in the value of the home during the course of the marriage.
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Re: Home Ownership
The separate character of the house will depend on where the money to buy the property came from, whether your spouse contributed to the property during the marriage and whether other marital assets may have been been contributed to or co-mingled with funds used to maintain or service the property. I suggest you consult an attorney to discuss the particulars as soon as possible.