Legal Question in Family Law in New York
I bought my house before I was married. He moved out 4 1/2 years ago and we're still not divorced. I want to sell the house. Can I?
1 Answer from Attorneys
Get an experienced divorce atty. I don't know how long you were married or other relevant facts to answer fully. NY is an "equitable dist" state, which means although courts should look at contributions to the marriage (homemakers count also), they generally split roughly 50/50 for marriages 10+ years old. He may be allowed any increase in value he helped create while he was there even if the house is in your name. In this market, this gets tricky. The house might have been worth $500K when you married, $800K when he left, and $600K now. Does he get half of $100K? If you added him to the deed, then what? Will the court accept old tax bills' appraisals?