Do my husband have any claim to my house if we divorce?

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Do my husband have any claim to my house if we divorce?

I bought my grandmother’s house years after she passed, then years later I got married. Now the marriage is over but my husband won’t leave. He says that he is not leaving and that he wants me to leave.

Asked on April 26, 2019 under Family Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, he does not: the home predated the marriage and was acquired without his financial help based on what you write. A spouse only has a claim to assets, including real estate, acquired during marriage or with the spouse's assets. Assuming you did not put him on the deed/title (see below), it is your house, not his: while you cannot remove him from the home while still married, you will keep the house in divorce and will be able to remove him during or after the divorce. 
Note that if you did put him on the title, then you made him a co-owner of the home; if you did this, then he does have an equal claim to the house as you, because you gave him that claim in putting him on the title.


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