Will I have rights to my wife’s house in Leicester when we divorce?

Additional Information:

When I got married, I moved into my wife’s house in Leicester. We are now getting divorced after 15 years of marriage.  The house is only in her name, we never added my name to the deed.  I’ve done all of the maintenance and improvements and want to keep the house. Do have any rights to it?

ATTORNEY ANSWER:

Yes, you have a right or a claim to a share of the equity of this real estate regardless of whether your name is on the deed. Your marriage gave you this right. However, if you executed a prenuptial agreement which protected this real estate from any claims you may have, your rights to the real estate may be limited by its terms. If you did not execute a prenuptial agreement, your wife may be entitled to claim that she should receive a credit for the down payment and for the amount she contributed to the real estate prior to the marriage. This may result in an unequal division of the equity in the real estate in her favor. Alternatively, her claim may be offset by the amount of the repairs and improvements you made to the real estate if such improvements resulted in a large increase in the fair market value of the real estate. This issue will have to be explored in more detail when you discuss it with counsel.

Leicester Divorce Attorney Michael Franklin, provides legal representation to individuals in the area of divorce and family law in Leicester MA and in the neighboring communities in Worcester County region including the cities and towns of Auburn, Boylston, Clinton, Charlton, Holden, Leominster, Paxton, Shrewsbury, Sturbridge, Westborough, Northborough, Webster, Dudley, and Oxford, Massachusetts.

 

Attorney Michael Franklin
Leicester Divorce Attorney
5 State Street, Suite 1F
Worcester, MA 01609