How is a mortgaged home in only 1 spouse’s name, divided in a divorce?

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How is a mortgaged home in only 1 spouse’s name, divided in a divorce?

A husband and wife are planning a divorce. The home is in the husband’s name but the wife helped to pay the mortgage (the home is still not paid for). Is she entitled to half?

Asked on December 22, 2010 under Family Law, New York

Answers:

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

Answered 10 years ago | Contributor

Was the home purchased as the marital home during the marriage or was it already purchased before you and your husband got married? During a divorce assets haveto be divided in to two categories: separate property and marital property.  The courts recognize that sometimes property purchased during a marriage and placed in only one parties name could still marital property if  marital assets ( income) were used to acquire the property.  Sometimes separate property becomes marital property during a marriage through co-mingling of the assets or improvements to the property thereby increasing its value can be seen as marital even though the original property was considered separate.  The facts here will matter.  Get some consultation.  Good luck.


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