How is a mortgaged home in only 1 spouse’s name, divided in a divorce?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How is a mortgaged home in only 1 spouse’s name, divided in a divorce?

A husband and wife are planning a divorce. The home is in the husband’s name but the wife helped to pay the mortgage (the home is still not paid for). Is she entitled to half?

Asked on December 22, 2010 under Family Law, New York

Answers:

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

Answered 13 years ago | Contributor

Was the home purchased as the marital home during the marriage or was it already purchased before you and your husband got married? During a divorce assets haveto be divided in to two categories: separate property and marital property.  The courts recognize that sometimes property purchased during a marriage and placed in only one parties name could still marital property if  marital assets ( income) were used to acquire the property.  Sometimes separate property becomes marital property during a marriage through co-mingling of the assets or improvements to the property thereby increasing its value can be seen as marital even though the original property was considered separate.  The facts here will matter.  Get some consultation.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption