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NYNellie
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Reged: 01/09/13
Posts: 2
Marital Property Question
      #798335 - 01/09/13 03:26 PM

I have a question about marital property. I know NY has equitable distribution law but I'm not sure how this will work in my case. I owned the marital home before the marriage but added my husbands name to the deed in order to get a home equity loan. His name is still on the deed. If we divorce, is the house considered my property or marital property?

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NYNellie
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Reged: 01/09/13
Posts: 2
Re: Marital Property Question [Re: NYNellie]
      #798405 - 01/10/13 01:07 PM

PS - we are married 15 years (1998) and he was added to the deed 8 years into the marriage(2006). Is the house now considered commingled property or is it still my separate property?

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Renny
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Re: Marital Property Question [Re: NYNellie]
      #798474 - 01/11/13 03:41 PM

The home is jointly owned marital property. The issue is what claim does he have on the home, and this depends on whether he contributed anything to the value of the home reflected in the equity and NY law. In general, you have to trace the source of funds to figure out who is entitled to what. You can research the term in the NY context.

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