Legal Question in Family Law in New York

house ownership

I bought a house prior to my engagement. It is in my name only. When I get married I am going to keep the house in my name. If me and my fiance get divorced, can he get the house? I want to make sure that the house will always be mine in case of a divorce.


Asked on 6/09/04, 10:23 am

4 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: house ownership

YOU need to consult with a lawyer in advance of your marriage. You probably need a properly prepared document verifying and confirming your understanding and agreement respecting your separate property, notwithstanding your spouse's contribution to the marriage.

You should also discuss with your prospective, exactly what you want him to agree to, and all and any situation you can image that might change your current position and feeling about this and other marital property issues.

GOOD LUCK,

PHROSKA L McALISTER,ESQ.

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Answered on 6/09/04, 4:07 pm
richard feldman richard d. feldman

Re: house ownership

you should have a pre nup without one your spouse could be entitled to a share of any appreciation. you can call me at 212 683 8677

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Answered on 6/09/04, 10:49 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: house ownership

If the house is to be used as a marital home, it will be subject to distribution should the marriage dissolve, regardless of the name on the deed and who purchased the home. In order to protect yourself you should consider a prenuptual agreement which while not full proof offers more protection then just wishing for the best.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 6/09/04, 10:54 am
Robert Evans Robert S. Evans esq.

Re: house ownership

The best protection is to prepare and consent to a prenuptual agreement spelling out all the details involving prior acquired assets etc. You may call my office for more info @718-834-0087.

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Answered on 6/09/04, 12:43 pm


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