QUESTION
He bought the house after we got engaged. I’ve always lived there, even before our marriage. Do I get an equitable share?
Asked on Nov 30th, 2023 on Residential Real Estate - New York
More details to this question:
After we got engaged, I chose our house in NY while he was stationed in Louisiana. He moved in 8 months later & we married 4 months after that. I’ve lived here our entire marriage. I’ve paid bills, maintained & improved the property, birthed & raised our 3 kids here. He even refinanced a couple years ago with marital assets & the passive value of the house has almost doubled . Do I get an equitable share of the house in our divorce? My name is not on the deed.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
If you contributed to the down payment on the house and have been paying the mortgage at least partially with money that you brought into the marriage or earned by working outside of the house during the marriage, you have a very good argument that you've acquired an interest in the house through a constructive trust. More information is needed for an accurate answer.
Answered on Dec 26th, 2023 at 12:41 AM