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Asked 6 months ago - New York, NY
FlagMarried in 1998 moved into her seprate property in 2009she took her name off the deed in 2009 and put mine on alone. Is it still her seprate property..my seperate..marital...does she get credit for seperate property and what kind of credit.
It is marital property.
She probably is entitled to a credit for the value of the property at the time she put your name on it.
You should consult with an experienced matrimonial attorney soon. This is a very important question that will require a lot more information to really answer with a degree of certainty.
Anthony Buono
www.AnthonyBuono.com
She changed the character to joint by puting your name on the deed so it is marital and subject to equitable distribution. She is however entitled to her down payment and any monies put into the property before the marraige. The one exception the this is if she put your name on the deed for convenience but the burden is on her to show this. You should of course discuss all this with your divorce attorney.
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