More details to this question:
My wife purchased the house 20 years ago.The purchase was 1 year before our marriage. At that time I didn’t have the money for a downpayment. She made me sign a prenuptial agreement that she downloaded online. No lawyer was involved. To my dismay, she threatened me she would not help me with my green card if I didn’t sign the prenup. 20 years I have been paying half of her mortgage with our joint account even paid full mortgage when she was not working during pregnancy. Every year when an argument erupts she claims ownership as a way to threat me to kick me out on the street if I don’t back off arguments or stop insisting on rectifying her abusive words. Now the house has gone up values. 5 years ago I asked her to put me on the title and she refused stating because I didn’t put money down. I have been doing home improvement along the years and find unreasonable that I do not have my name on the title. In this situation is it a marital asset? Can I claim half of the house if I divorce?
1 ANSWER
Property Disputes Transactions Attorney serving Lake Success, NY
Partner at
Vishnick McGovern Milizio LLP
3 Awards
Good morning,
Since the house was purchased prior to the marriage it is not a marital asset. However, that does not mean you do not have a marital claim. You do have a claim for some of the appreciation at the very least. You would not be entitled to one-half the house in a divorce but you do have some legal rights.
Let me know if you would like a further consultation.
Answered on Apr 14th, 2025 at 5:32 AM