I Bought Our Marital Residence Long Before We Were Married. Do I Have To Sell It And Distribute The Profits?

No, your spouse has no claim to a home you purchased before you were married, and you won’t be forced to sell it and share the proceeds as part of the divorce settlement.

New York applies its equitable distribution rules only to marital assets, which are property, savings, debts, and other instruments that were acquired during the marriage.

The things you both bring into a marriage from your life before it are not subject to the rule.

There are some instances where a spouse can make an argument that they are owed for improvements made to a property, but even then, the consideration is financial and you’re not in danger of your spouse “taking the house.”

Learn more about how to protect the assets that matter to you, and how to get a divorce settlement you can live with, by calling Friedman & Ranzenhofer at 585-484-7432.

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