Can wife claim on Joint property belonging to Husband and his father

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Can wife claim on Joint property belonging to Husband and his father

I am filing for divorce against my wife 4 years marriage and wanted to know that I have a property which will be ready for possession in another 1-2 months. This property has me 1st applicant and my father 2nd applicant. We have purchased this property before my marriage 7 years ago. So, can my wife claim on this property and, if yes, what amount will go to her?Also, please suggest the best suitable option under this scenario, shall I keep this property and get my name removed or sell it ?

Asked on June 12, 2017 under Family Law, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Property owned before marriage remains the seperate property of the owner spouse. That is so long as it remained solely in their name and no marital funds were used for repair and maintenance of the property.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the property was purchased pre-marriage and your wife is not on the title, as you indicate, she would have no right to this in a divorce; she only has rights to property acquired during marriage and/or acquired using assets (e.g. money) acquired during marriage, or any property which you did title in her name for one reason or another. You should not have to do anything special in regards to the property.


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