Legal Question in Family Law in New York

Home rights

I have owned my home since 1985. I remarried in 1999. I am again going through a divorce. His name is not on the deed. I have not remortgaged throughout the marriage but I did go for a payoff loan to pay back payments. Again his name is not on anything related to the house. Question: Does he have any legal rights to my home?


Asked on 2/24/05, 6:33 pm

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Home rights

He probably DOES NOT have and will not be deemed as having rights to your home.

BUT, the Court can decide that he has an interest in, or a share of the "appreciated value" of your home, since your marriage, to date of filing, due to his direct or indirect contributions.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 2/27/05, 2:14 pm

Re: Home rights

There is a marital property interest in the equity gained on the home during the marriage regardless of whose name the home is in. Unless you had a prenuptial agreement, your ex can assert a claim to one half of the increase in equity.

Best of luck

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Answered on 2/27/05, 9:25 pm


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