Legal Question in Family Law in New York
1. am i entitled to part of my husbands penison after being married for 6.5 years
2. will the equity in the probperty be distributed equally eventhough the mortgage is in my husbands name and both of our names on the deed.
3. can i request to remain in the house until my son finishes his senior year (2009-2010)
1 Answer from Attorneys
Q. 1. am i entitled to part of my husbands penison after being married for 6.5 years
A. Yes. You would be entitled to equitable distribution of the pension - but only for the value from the date of marriage to the date the divorce action is commenced.
Q. 2. will the equity in the probperty be distributed equally eventhough the mortgage is in my husbands name and both of our names on the deed.
A. Yes. Equity in real property - whether in your name, husband's name or both names - is subject to equitable distribution.
Q. 3. can i request to remain in the house until my son finishes his senior year (2009-2010).
A. Yes. Generally the Courts will wait until the child finishes school.
Mike.
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