Legal Question in Family Law in New York

Deeds vs. name on Mortgage

I will be getting married soon and my soon-to-be spouse is assiting that I add her name to my Deed. The deed is currently in my name only. I also have a mortgage on this property with my name on it.

If we got divorced (I hope this won't happen), would she be entitled to 50% of the value of the property or would she be entitled to 50% of the value of this property from when she entered into the marriage?

For example, say my house is worth $250,000 and I have $200,000 in equity now. 10 years from now, the house is worth $300,000. Would she be entitled to 50% of the $300,000 OR would she be entitled to 50% of the $100,000 that she partipcated in during the marriage.

I look forward to your response.

Kevin


Asked on 5/23/02, 4:00 pm

1 Answer from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Deeds vs. name on Mortgage

To avoid grief later, I suggest you get a Pre-Nuptial Agreement now. If you wish to discuss this with me privately, please call to schedule a consultation: (516) 741-7799.

I practice in NYC and Long Island.

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Answered on 5/23/02, 5:05 pm


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