Legal Question in Family Law in New York

Buying property

If a couple are married and buy a

house, but the house is only in one

of their names (mortgage and deed)

what happens in the following cases:

Divorce- does the house get split

50/50 since we are a legal entity?

Death- the house would go to the

living spouse?


Asked on 6/21/09, 10:42 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: Buying property

Divorce: the property is a marital asset, to be divided in the equitable distribution process.

Death: depends on whether there is a will or not, and on a variety of other complicated factors.

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Answered on 6/21/09, 10:44 pm


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