If i soley own my property, what right does my partner have to it if we have been separated for 6 years?
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If i soley own my property, what right does my partner have to it if we have been separated for 6 years?
I own two properties. One i own myself and the second is jointly owned between
myself and my wife who i have been separated from for 6 years.
I would like to sell both properties but my wife is refusing to sell her share.
If i sell the first property alone, does she have any legal right to any proceeds
because we are still legally married?
Asked on July 15, 2019 under Family Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The critical issue is, when did you buy that first property? If you owned it pre-marriage, your wife has no right to it or to any equity/proceeds from it. But if you bought it while married, the presumption is in some way she contributed: if she works, her money was used (or was paying for the costs of living while you bought the property); if she was not working, she took care of the day-to-day details of living (e.g. housekeeping, cooking, child care as applicable, etc.) and so better enabled you to earn, and hence to buy the property. So if you bought it while married, she would have a claim on its equity.
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