If my wife owned a house prior to our marriage but took out amortgage after and I helped with the payments, what rights do I have to it?

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If my wife owned a house prior to our marriage but took out amortgage after and I helped with the payments, what rights do I have to it?

I moved into my wife’s house 3 years before we got married. In that time she had to take out a loan on it to keep from filing bankruptcy on her past credit card bills. The house was given to her and she owed nothing until this loan. Now we have a mortgage payment that I have helped pay for about 6 years now.

Asked on October 5, 2011 under Family Law, Georgia

Answers:

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

Answered 12 years ago | Contributor

You need to speak with an attorney in your area on this matter as soon as you can.  The law varies from state to state.  I can tell you that in New York if the courts can find that there is an "intent" for the property to become marital property when in first instance it is clearly considered separate property, then it could indeed be part of the pot for distribution at the time of a divorce.  Is the loan in both of your names?  What could be seen as intent.  Generally how a deed is held is not indicative of the matter.  So please seek some legal help here.  Good luck. 


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