I add her name to the deed after marriage, would I get credit for the value of the house on the date her name was added?. she never contributed to the marriage, I alone is paying all the bills, also who is responsible for the 300K, HELOC she took without a spousal consent form, while I was in GUYANA?. without my consent, and who is responsible for the 86K. in interest already paid on the loan?. I alone is paying the loan, while her wages is going into a secret ACC.
You need to consult with an experienced matrimonial attorney as you have presented complex issues that need to be discussed fully.
This is a complicated question that requires the expertise of an experienced matrimonial attorney. You should meet with a local, experienced matrimonial attorney who can review the specific facts of your case. An experienced attorney will be able to advise you on separate property claims in New York State as well as the implications of the HELOC, etc.
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This is a very complicated question, and you should consult with a matrimonial attorney as others have said, because based on your specific facts, the supposed "character" of the property in question might change.
With that being said, generally speaking, if you purchase property with your own funds and in your name alone prior to marriage, that property is generally considered "separate property." In the event you sold your separate property to purchase a new property after marriage, you would likely be able to recoup a separate property credit for the value of that home, if you can trace that value back to your separate property with the requisite documents.
Property purchased during a marriage is marital property, irrespective of title. Even your income during a marriage is thought of as "marital property", and thus things you purchase with your income during the marriage are also generally classified as "marital property." There are very rare exceptions to this. Courts look at being a homemaker and mother, for example, as an important contribution to a marriage such that lack of financial contribution through wages isn't enough alone to change the classification of "marital property."
If you added your wife's name to the deed after marriage, and especially if the property in question was used as the marital residence, it is possible that the courts could now view the property as marital, since it may look as though you gifted a 1/2 interest in the property to your wife. This is certainly something you should investigate further with your attorney.
With regard to the HELOC, as with property, all debt acquired during the marriage is generally considered marital debt. You can try to rebut that presumption by showing that it was taken without your consent and/or used for nonmarital purposes. If the debt was used for marital purposes, or hypothetically to support your wife and family while you were away, a court may consider the debt marital. If the HELOC hypothetically was used to buy your wife's best friend a Porche while you were away, it becomes less likely in my opinion that it would be classified as marital.
You should remember that "equitable" distribution does not always mean "equal," and can sometimes feel quite unfair. Given your situation, it is highly advisable that you retain a skilled attorney who can help you protect your assets.
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