Can property that is titled solely in my name be subject to equitable distribution?
December 17, 2023
Yes. Even if an asset is legally titled in only one spouse’s name, the court may still find that the asset constitutes marital property if both spouses contributed to the purchase and maintenance of the asset. For example, a couple may purchase real estate and title it only in one spouse’s name for tax purposes or for the purposes of obtaining a mortgage, but the court may rule that the property is a marital asset if both spouses financially contributed to the purchase price and maintenance costs.
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