My current husband owned his home prior to our marriage in 2015. We've been living together since 2012. After we married, we refinanced the home for better rates under both our names, hence the deed includes us both. He continued paying the mortgage from his account just because it was an easier transition. We've kept separate banking accounts. I pay all the other misc things in the home ( furniture,appliances,groceries,supplies). If divorce would be filed now, what rights do I have to claim part of the home as a mutual asset obtained during our marriage?
If a new deed was prepared after you were married that added you as one of the owners of the home and that property is now held by both of you as tenants by the entireties, then the home is presumed to be a marital asset subject to equitable distribution. As to the mortgage, that morgage would also be subject to equitable distribution. It would be best to have an attorney review that last deed to the property and advise you accordingly. Good luck.
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