Legal Question in Family Law in Greece
property
My husband and I bought two pieces of land in Greece when we were married. My name is not on the papers, only his is. In case of divorce.(married 28 years) Do I have clam on thost property. We bought after we were married. Thank you.
2 Answers from Attorneys
Re: property
Almost certainly you would have a valid claim to the property.
Under New York law, any property acquired during the course of the marriage, no matter where it is located and no matter in whose name, is considered marital property, with only one exception. If that property is paid for with separate property or is a direct exchange for something that is separate property (such as an inheritance to only one party, or something that predates the marriage) then the new property remains separate property.
If you'd like to discuss this or other matters, please feel free to get in touch. I should be in my office tomorrow morning, or you can contact me by e-mail.
Re: property
Neither USA Federal or NY State law controls whether you have or can claim that you share ownership of the property in Greece.
However, under NY law, upon your divorce, you may claim an "equitable interest" in "THE VALUE" of the property in Greece, purchased during your marriage, attributable to YOUR direct or indirect contributions to acquisition or maintenance of the property, during the marriage. Which interest may be "charged" to, recouped or collected, from your husband's share of his USA, assets.
Good luck,