If my husband owned inherited before marriage, after 5 years of marriage can he keep the house?

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If my husband owned inherited before marriage, after 5 years of marriage can he keep the house?

He had an affair.

Asked on June 19, 2012 under Family Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your husband inherited property before marriage, it would be most likely his property unless you can show somehow it was gift to you jointly or you used marital assets or income to pay for the mortgage, or took a mortgage together. The affair is not a relevant issue to whether you would have title to or be entitled to a portion of the home's value. A divorce attorney licensed in New York can help you process to determine whether you should motion for your share of the home.


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