Is my husband entitled to ownership of my mother's house if we divorce?

Full question:

My mother is sick and a year before I got married I remodeled her house and created a mother daughter house. My husband and I moved in to one part and my mother lives in the other part. The deed of the house is still in my mother's name but the loan is in my name and her name. My husband and I have done all the up keep and paid all the bills equally. Although my husband did not give me any lump sum of money when I renovated the house would he be entitled to any sort of ownership of the home. In other words would I have to give him money to reimburse him for his half of the bills he paid while living in the house if we get divorced?

• Category: Divorce
• Subcategory: Property Settlements
• Date: 04/07/2025
• State: New York

Answer:

If the deed is in your mother's name, the house is not considered your property, and therefore it is not marital property. However, your husband's contributions to the home may be considered during the division of marital property in a divorce.

New York follows equitable distribution laws, meaning property and debts are divided fairly but not necessarily equally. Generally, property acquired before marriage is considered separate property unless the other spouse has contributed to it, such as through income or improvements.

When dividing property, the court will consider several factors, including:

1. The income and property of each party;
2. The duration of the marriage and the age and health of both parties;
3. The need of the custodial parent to occupy the marital home;
4. The loss of inheritance and pension rights upon divorce;
5. Any award of alimony;
6. Any contributions to the acquisition of marital property;
7. The liquid or non-liquid character of marital assets;
8. The probable future financial circumstances of the parties;
9. Tax consequences;
10. Any other factor the court deems relevant.

Thus, while your husband may not have direct ownership rights, his financial contributions could influence the outcome of property division in a divorce.