Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #146:
Question:

I am getting married and I have a house that I bought being married to another man. Would my prospective husband have a right to acquire my property in case of divorce?

thank you.



Answer:




Answer:


If you acquired the property prior to the marriage, kept the property in your name only, and did not co-mingle the property in some other way, the property remains separate property and not marital property and your prospective husband will not have a claim to it. If he contributes to the upkeep of the property and to the mortgage, however, he may have a claim for some form of reimbursement for what he contributed, but he will not have an equity interest in the property.


Leonard M. Weiner, Esq./Divorce Solutions
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