Property distribution/ spousal support

If the deed has remained in her name the house is her separate property, however if the income earned during the marriage was used to pay down the mortgage the reduction in the mortgage is marital property. If you have made any improvements to the home during the marriage, the value of those improvements are marital property.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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I am 6 months separated and no property distribution/ potential spousal support has been established. My wife purchased our home before we got married and put down a substantial down payment. She has had limited income over the last 2 years (W2’s totalling $30,000+/-). I make about $60,000/ year and paid the majority of the bills for the last 3-4 years (been married for 7+ years). I would like to know what right I have to the house (I am on 1st and 2nd mortgages but not on the deed), what right (if any) I have to her down payment, and what kind of claims she may have on post-separation support and/or alimony. Thanks for your help.