If i soley own my property, what right does my partner have to it if we have been separated for 6 years?

UPDATED: Oct 1, 2022

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If i soley own my property, what right does my partner have to it if we have been separated for 6 years?

I own two properties. One i own myself and the second is jointly owned between
myself and my wife who i have been separated from for 6 years.

I would like to sell both properties but my wife is refusing to sell her share.

If i sell the first property alone, does she have any legal right to any proceeds
because we are still legally married?

Asked on July 15, 2019 under Family Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The critical issue is, when did you buy that first property? If you owned it pre-marriage, your wife has no right to it or to any equity/proceeds from it. But if you bought it while married, the presumption is in some way she contributed: if she works, her money was used (or was paying for the costs of living while you bought the property); if she was not working, she took care of the day-to-day details of living (e.g. housekeeping, cooking, child care as applicable, etc.) and so better enabled you to earn, and hence to buy the property. So if you bought it while married, she would have a claim on its equity.

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.

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