My husband bought property and his name is the only one on the deeds. Am I still entitled to half?

Asked over 4 years ago - New York, NY

After 19 years of marriage, my husband bought property as an investment. When he bought it, he had only his name on the deed.

Now, after 20 years of marriage, he walks out without reason. Would I still be entitled to half of the property even though my name is not listed as an owner?

Attorney answers (3)

  1. Jacqueline Harounian

    Contributor Level 11
    Best Answer
    chosen by asker

    Answered . The simple answer to your question is yes. In New York, it doesn't matter whose name is on the deed.

    You will make a claim to the property as part of the divorce proceeding. There will be documentation of how the property was purchased. If it was purchased during the marriage with marital funds, you will be successful in your claim. Good luck.

  2. Gerry M. Wendrovsky

    Contributor Level 15

    Answered . The issue is not whose name is on the deed, but whether the property was acquired during the marriage, and the source of the funds that were used to acquire the property.

    The answer to both questions will be decisive in determining whether the property is 'marital property' for purposes of equitable distribution, which is the principle behind the division of property in a divorce proceeding.

  3. David Alexander Browde

    Pro

    Contributor Level 20

    Answered . Under most circumstances, you would have an equitable share in the house. Whether that share is 50% or not will depend upon information not in your question.

    You should consult with a divorce lawyer to discuss your case in detail.

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