Legal Question in Family Law in New York

I live in new york state I own my home for 18 years, my wife who I married three years later is not on the deed. Is she entitled to the house in a divorce

Asked on 10/18/13, 7:12 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

The house is not a marital asset because you owned it before the marriage. She MAY argue she is entitle to some type of credit if there was still a mortgage on the house during the marriage and marital assets were used to pay for it or she made improvements in the house. For a three year marriage, the amount of credit given in her asset side would be very small, if any.

Also, if you have minor children, she may be entitled to LIVE in the house for a few months or years if she obtains full physical custody of the children.

If you're going through a divorce, at the minimum, you should consult with an experienced family law attorney. You don't have to hire the attorney just because you consult with him or her.

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Answered on 10/18/13, 7:22 pm


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