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The respondents to your post aren't trying to talk out of their ass, they are just relating their understanding to your situation. While there are states that divide assets , New York is not one of them. You are in an 'equitable' state and if you can prove that you always paid the mortgage, you have a claim on the asset that it is 'yours'. Because it was purchased prior to the marriage not exempt it from the normal 'division of assets' process. You indicated 'we' bought it, so I assume both names are on the title, but that still shouldn't be a problem in establishing equity, but require the decree demand a quit claim from your ex. its hot in Franconia
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