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 #285:
My husband owned the home prior to our marriage, it is in his name only. I have contributed money to renovations and monthly mortgage and bills. We have been married 2 years and have a 9 month old baby and I have 2 boys from a prior marriage. Can he force me and the kids to move out or do I have the right to buy him out and keep the children in the home? Thank you.

Answer:

If the house belonged to your spouse before the marriage and the title was kept in his name only, it is separate property belonging to him and you have no ownership interest in it. If you contributed to the renovations and mortgage, however, you do have a claim to be reimbursed for your expenditures. You do not have a right to buy him out, but if you are unable to find a suitable, alternative place to live with the children, the court would likely allow you to remain until you find such a place. If he has been supporting you and the children, he will have to continue to do so, including helping you pay for the rent of any new place or allow you to remain in the house until the children are emancipated (e.g.21 years old).

If you are contemplating divorce and are located in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to discuss mediating your divorce.

Leonard Weiner, Esq./Divorce Solutions
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