If I’m buying property under my name only, can my husband try to take my property if we divorce?

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If I’m buying property under my name only, can my husband try to take my property if we divorce?

We are married and live in in NY.

Asked on July 24, 2018 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

ANY asset or property acquired during marriage is considered marital property and your husband will have an interest in it (e.g. a right to some of the value or equity) if you and he divorce. You cannot prevent property acquiring during marriage from being considered marital property and so something which would be divided in a divorce simply by putting it in your name only--if you could, after all, in every sole breadwinner marriage, that's what the breadwinner would do with everything, leaving the non-breadwinner spouse with nothing. For obvious reasons, the law does not allow that, and that principal means that in your case, the fact that you buy the property in your name only does not exclude your husband from having an interest in it in a divorce.


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