Does husband have rights to property prior to the marriage?

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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 4 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.


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