Q: Me and my wife are getting divorced. The house is in both our names. The loan is only in my name. Can she take the house
A: This is a difficult question to answer without more information. New York is an Equitable Distribution state. Equitable Distribution does not require that property be distributed equally, but that it be distributed fairly. The Court will consider the contributions made by both parties to the purchase of the house, and the contributions that both spouses made to the marriage. For instance, if the home was purchased solely with pre-marital funds, a Court may find that the home is separate property. Separate property is not subject to equitable distribution.
This is a question that can only be answered after a thorough review of all of the relevant facts. I highly recommend you retain a divorce attorney in your geographic area.
A: If you are asking if the house can be transferred to her alone as part of the divorce settlement, the answer is yes. However, the house would still be subject to the mortgage. If she were to take responsibility of paying the mortgage, the problem with that is that if she does not pay it, then you are ultimately responsible for paying it and it will affect your credit. The best way to accomplish a transfer is for your wife to refinance the mortgage in her name or get a new mortgage at the same time the house is transferred to her.
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