If while married a spouse buys a house but does not have wife on the deed, does the wife get half if they divorce?

UPDATED: Apr 10, 2018

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If while married a spouse buys a house but does not have wife on the deed, does the wife get half if they divorce?

We own a home at the moment but are considering moving; it’s been rough between us. My husband

always threatens divorce. He promises he’ll put my name on once my credit gets better, but If the new home does not have my name on the deed. What happens if we get a divorce?

Asked on April 10, 2018 under Family Law, New Jersey


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

Answered 4 years ago | Contributor

The general rule is that property purchased during the marriage is considered marital property.  If he say got an inheritance and purchased the property from that and then never used marital funds to do anything with it or for it then it would be spearate.  But if you are selling the home and using funds for a new home it is traceable as marital.  But I would strongly suggest you have your name on the new deed, even if you have to pay points or penalties.  And sign no papers from the bank unless you have an attorney review them.  Good luck.  

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