If I Divorce Can My Spouse Claim a House He Made Payments On?

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 not in your name, it is not owned by you and is therefore not marital property. However, it is possible that the husband's contributions to the home may be taken into consideration when dividing marital property. New York is a so-called “equitable distribution” state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. Property acquired before marriage is generally considered separate property unless the other spouse contributed income or improvements to the property. Marital property shall be distributed equitably between the parties after due consideration of the following factors:
1. The income and property of each party;
2. The duration of the marriage and the age and health of the 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.