Is My Spouse’s Rental Property Considered Marital If They’ve Owned It Longer Than We’ve Been Married?

No, properties that were owned by one spouse before the marriage are considered separate property, and not subject to equitable distribution.

That said, there are situations where you may have contributed substantial equity to a separate property and want compensation for those investments.

Let’s say you paid for a new roof and a kitchen remodel two years ago, and now have no expectation of recovering that investment in improved rental rates because of the divorce.

In situations like this, it may be possible to collect some reimbursement as part of the settlement.

For help with complex property and financial distribution considerations in Rochester divorces, call the attorneys at Friedman & Ranzenhofer at 585-484-7432 for a legal consultation.

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