New York, NY asked in Divorce for New York

Q: Mortgage is in my name and dad's.NOT wife's. Getting separated. What rights does she have and my dad as far as the hou

She has 2 prior bankruptcies without my name. We are currently in chapter 13. My dad won't sign anything over to her. I want to keep house

Related Topics:
1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: Whose name the mortgage is in is not any indication of ownership, but it is of debt. The ownership of the house is in the deed, however, even if a spouse is not on the deed, under Domestic Relations law a spouse may be entitled to ownership rights as marital property if purchased during the marriage. You need to speak to an attorney to discuss the details of this issue.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.