Legal Question in Real Estate Law in New York
distribution of home sale to spouse
My spouse bought our house 30 days before we married and never added my name to deed. Quit Claim was never filed as well. 9 years and 3 months later, check from sale of this same house was in one spouse's name. Unfortunately, not one dollar will be shared, since it will be deposited in their private account. I understand if we were separated/divorced half of the proceeds would be mine. But we're still married. Do I, the spouse, have any rights to this money?
1 Answer from Attorneys
Re: distribution of home sale to spouse
"Separate property" generally remains separate. It does not become "marital property," due to marriage alone.
But, If a non titled spouse directly contributes
to the acquisition of a spouse's "separate" property; and/or [YOU] contributed to the
increased or appreciated value of the property, (ie., paid for a new floor, roof, plumbing,
etc), the spouse might be entitled to recover a portion of disbursements and the value of contributions, to the increased value of the property.
Otherwise, a spouse is unlikely to be found entitled to a share of a Spouse's separate money, which was derived from HIS/HER separate property.
Good luck,
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