Will I have rights to our house (or its value) in a divorce if my husband purchased the house before we were married?
Question:
My husband bought our house before we were married, but we have always both lived in it together. We have been married for 12 years, lived in the house for 15. The down payment on the house was made with a gift from his grandmother, but the mortgage has always been paid out of our joint checking account using money from both of our incomes. I have been employed full time for the entirety of our marriage. But the deed and mortgage are strictly in his name, we never had it changed to both of us. We do have a home equity account in both our names.
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Answer:
Since the house remained in your husband’s name, it is his separate property. However, if the property/equity has increased during your marriage, you will have a claim to that increase in the value of the property or the equity in the residence. You should consult with a Saratoga Divorce Attorney to fully discuss your rights.
Are you going through a divorce and want to know if you are owed part of the value of your marital home? Contact dedicated Saratoga Divorce Attorney Jean Mahserjian.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Saratoga Divorce Attorney. This does not consent an attorney client
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