Can your wife get the equity in your home in divorce proceedings if you had the property before the marriage ?

Q: I married in 2013. Asking for a divorce she wants half the equity in my home and alimony I get a pension check. I am 81 yrs old I had all of these thing in place prior to the marriage. I did claim her on my taxes, because of her immigration status The house belongs to me and my son. She bought nothing to the marriage. Can I fight this ?

A: If you didn’t put her name on the title, then the house is presumptively separate property. that said, she is able to claim any active appreciation in the value during the marriage (e.g., paydown of mortgage, material improvements, etc.). Schedule a consult with a Bronx Alimony Attorney for a full assessment.