When we divorce, am I entitled to any portion of the marital residence?

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When we divorce, am I entitled to any portion of the marital residence?

I have been married for 15 years and lived at our marital home for 17 years. My husband did not put my name on the deed to the farm. When we took out a second mortgage the bank insisted my name be put on the mortgage.

Asked on August 16, 2011 Maryland

Answers:

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

Answered 11 years ago | Contributor

There is much more information needed to give any guidance here on the matter.  I am making an assumption that by the way you have phrased the question the farm was his before you were married.  Did he purchase it?  Did he inherit it?  Why did he never put your name on the deed? Is it his livelihood? Laziness?  Was it purchased with the intent to be the marital home?  If your name is not on the deed the intent will be the key to the issue.  I would argue that by your name being on the second mortgage that there was a clear intent for the property to be thought of as marital property but if he is contesting this issue then I would guess his attorney will argue otherwise.  Seek legal help and ask as well if contributions during the marriage to increase the value of the property is a possibility if it is considered to be separate property. Good luck. 


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