Skip to main content

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

New York, NY |
Filed under: Deed to property

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

Posted

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.

Mark as helpful

Posted

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.

Mark as helpful

Posted

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.

Mark as helpful

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics