Legal Question in Family Law in New York
property owned prior to being married
I owned my home before getting married.Have owned it 4 years. I have been married 1 year and 10 months. I recently put my wifes name on the deed to the house along with mine( within the past 2 months). So my question is if I file for divorce will I be able to keep my house or would it be included in things aquired jointly durring the marriage? My name is the only one on the mortgage.My divorce will be based on cruel and inhuman treatment from my wifes actions toward me.
2 Answers from Attorneys
Re: property owned prior to being married
You obviously changed the deed w/o consultation with your lawyer. Generally, Mortgage Lenders and most mortgages do not permit changing the deed w/o the consent; and your lawyer could have clarified the issues in order to avoid this kind of dispute;... And, the problem you might encounter with your Lender.
There is no answer to your question w/o more info. It depends upon both of your ecnomic circumstances now, at the time of, and during your marriage. It also depends upon your intentions at the time of the transfer; and whether any fraud or misrepresentation might be found to exist.
See a lawyer immediately.
GOOD LUCK,
PHROSKA L. MCALISTER,ESQ
Re: property owned prior to being married
The house being the marital home could be subject to equitable distribution. By the way, putting your wife's name on the deed would not be the determining factor as to the disposition of the house. Certainly she would be entitled to a portion of any appreciation of value of the house during the course of the marriage.
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