Legal Question in Family Law in New York

deeded property

my husband and i got married in march of 2003, one month after the marriage i found ou his house was going into forclosure. i bought the property uner my maiden name, before i had it legally changed to his. he had to pay off some tax liens and other bill befor it could happen. the property was in my name only and a mortgage was taken out from weels fargo in my name. now we are getting a divorce and he claims the property was deede to me and not sold. i have the hud1 form to prove it was sold to me. he had to pay closing cost as the seller. my credit was good at the time so i did not need any money down. we sold the house and he claims i am not entiled to any of the proceeds because he owned the house for 20 years and it was deeded to me. there are no paper wor to say that this was a deeded property. all of the paper work state is was a sale. can you please explain to me what he is talking about. what is the diffrence between a deeded property and a ful sale of a house that was in the process of being forclosed?


Asked on 1/09/09, 11:08 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: deeded property

Pursuant to law, marital property is defined as: "all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held, except as otherwise provided in agreement pursuant to subdivision three of this part. Marital property shall not include separate property as hereinafter defined." NY DRL 236B.

The house acquired by you during the marriage and before the filing of the matrimonial action. Therefore, the house is marital property subject to equitable distribution.

Mike.

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Answered on 1/09/09, 12:01 pm


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