Tuesday, September 16, 2014
I am getting remarried and want to protect my self this time.
Q: My fiancé and I are expecting a child together and live in my apartment. We want to buy a home. She has been a student and has minimal credit. So, we will both contribute to a down payment. I have been approved for a mortgage. I would like to know, if the home is purchased before we get married and I am the only one able to get a mortgage, in the uneventful case of a divorce, will she have rights to the home aside from a portion of down payment.
A: David's Answer: Generally the house would remain your separate property. However, she MAY be able to claim a share of the principal paid down during the marriage with marital funds and/or capital improvements made to the house with marital funds. You're best advised to do a prenup. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)