What are my rights if my husband was given a home as a gift prior to our marriage and we divorce?

After our marriage, he took a mortgage out on the home and my name is not on the mortgage or the deed. However, we pay the mortgage out of our joint account and also I pay out of my separate account from time to time. I’m starting to feel like if anything happened, I would waste all of the money I put into the home and would walk away with nothing.

Asked on July 16, 2015 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The house will at first instance be seen as separate property BUT your good attorney would be able to show that the house was converted to marital property by the payment of the mortgage out of marital funds.  He would likely get a credit for the value of the home when he inherited it or maybe not depending on how lond this has been going on.   You are wise to be cautious.  But I would speak with an attorney in your area about specifics.  Good luck.


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