Real estate... is it marital property?


#1

My soon to be ex husband and I agree on everything for our separation and divorce except the property. He purchased the property about a year before he and I married. Together we have made the payments jointly, and I have invested a tremendous amount of my personal savings upgrading and improving the home. I had asked him numerous times over the years to add me to the deed so if anything happened to him there would not be any issues. He has had the house refinanced 2 times without my knowledge at the time and did not put me on the deed. He says I have no rights to the property and that it is not marital property because he bought it before we married. I feel like that is incorrect. Can you please tell me if I am wrong or if there are statutes to protect me. Surely all of the money, and ‘blood sweat and tears’ as he calls it that I have put into this house hasnt been for nothing. Please help.


#2

While the property is your husband’s separate property You certainly do have a martial interest in the same. Your financial contributions and “sweat equity” will be considered in Equitable Distribution, and you will be entitled to one half of the active appreciation on the property.