If I buy a house while married, is my husband entitled to any part of it if we become divorced?

UPDATED: Oct 1, 2022

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If I buy a house while married, is my husband entitled to any part of it if we become divorced?

I am presently married and living with my husband in his condo that is owned by his mom. I am thinking of buying a house in my own name close to my mom’s houseso she can watch my baby while I work since hubby is out of work. I want to make sure I wouldn’t have to owe him anything from my bank accounts or homes if we divorce. He does not own anything and has no bank accounts.

Asked on January 3, 2018 under Family Law, New York


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

Answered 4 years ago | Contributor

Ok so in New York all income earned during the marriage is marital property subject to equitable distribution during a divorce and co-mingled funds (before and after marriage) also can fall in that catagory.  Also, all property purchased during a marriage is - at the outset - considered marital property regardless of whose name the title is under.  If, say, you inherited funds or were given funds by a family member to purchase the house and did not use any marital funds AT ALL to sustain it then it would be considered separate property.  In New York once you file for divorce it stops the clock on all marital funds and assets.  Please go and speak with a lawyer asap.  You seem to be the "monied spouse" in this divorce.   Good luck. 

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