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Seperate property or hers

New York, NY |

Married 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 seperate..marital...does she get credit for seperate property and what kind of credit.

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Attorney answers 4


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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This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.


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

The information offered at this website is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice regarding your individual situation. This answer does not create an attorney-client relationship.


Determining if it is separate property or not may depend on the reasons for the conveyance. This only tells one side of the story and doesn't include many relevant facts to how and why this happened. A far analysis of the entire situation would need to take place.

Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX


The value of the property at the time of the marriage is her separate property. The increase in value during the marriage is marital property.

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