Does husband have rights to property prior to the marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does husband have rights to property prior to the marriage?
I owned my family home prior to my marraige. My husband and I refinanced after he lost his job and his name was placed on the deed. My name is the only one on the loan and I had lived there 5 years with my daughter before getting married. Do I have to buy him out if it was my home before getting married? We currently have two other children together now.
Asked on March 25, 2018 under Family Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you hadn't placed his name on the deed, he'd have no right to the home since it pre-dated marriage. But you write that you placed his name on the deed. Regardless of why or under what circumstances you did that, placing his name on the deed made him as fully an owner of the home as you are. Becasue you made him an owner, yes, you would have to buy him out or otherwise compensate him for his ownership interest in a divorce, when assets are divided.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.