If Ibought the house before we were married, canI kick my husband out?

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If Ibought the house before we were married, canI kick my husband out?

The mortgage payments have come out of my husband’s bank account but the house is solely in my name.

Asked on March 11, 2012 under Family Law, New York

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

I assume you are going through a separation or divorce.  Unfortunately, your husband has an interest in the house that will require a court order to remove him.  Moreover, because he pays the mortgage, in a divorce, he may be entitled to his share of the increase in the value of the house.    

Nevertheless, at this point, if you are thinking about divorce/separation you can request sole possession in the house because it is a premartial asset.  The court will most likely require him to move out.  However, again,  in the division of marital assets, you may have to pay his share of the increased value in the house.  

It would have been easier if you paid the mortgage and improvements to the house.  However, most time, it just doesn't happen that way after a couple gets married.   


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