Legal Question in Wills and Trusts in New York

I am not married. I have been living with a woman for 15 years and we have three kids together.We have two houses.One inboth of our names in Florida and another in New York in my name only.I am trying to end the relationship.How will the ?assets be split and what are my chances of getting custody of the kids?


Asked on 3/11/11, 4:29 pm

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

Not enough info to give "chances"-you really do need a lawyer asap, and to save yourself, it might be less pricey to get one licensed in NYS and Fla, as many are (I am licensed in NYS and federal court and will do Fla and AZ because lots of NYers go there).

Being unmarried in a state that does not recognize common-law marriage changes things here. If you were married, she would be entitled to half the house and more assets (with some exceptions), incl retirement accts.

Also, you say the kids ARE yours, and assuming all that is correct (yours biologically, raised them, birth cert, financials, etc.), the Family Court will look at that favorably but to be blunt, judges are human and they will ask why there was no marriage because that is considered a benefit for the kids in most situations. Also, where are you two going to reside afterward, where were the kids living, keeping them where they have been is impt, etc.

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Answered on 9/14/11, 10:30 am


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