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Our House In Brooklyn Is My Spouse’s Separate Property. Can I Get Payment Of My Mortgage Contributions As Part Of Our Settlement?

You probably won’t be able to be reimbursed for paying a share of the mortgage while you lived in the house during your marriage.

If you make that claim, your spouse will argue that wherever you lived, you would have paid something, so the payments made for the separate property of the house are akin to paying rent in an apartment where you might have lived otherwise.

There are exceptions.

If your spouse was out of work for a substantial portion of your marriage and you paid 100% of the mortgage, you may have a claim for some amount of reimbursement.

Similarly, if the house is a separate property whose value has increased during the marriage, you are entitled to a share of the appreciation.

The attorneys at Zelenitz, Shapiro & D’Agostino understand the intricacies of property distribution and valuation of assets when couples in Brooklyn divorce.

Call us today at 718-725-9601 and speak to an experienced Brooklyn divorce lawyer for free.



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