Legal Question in Family Law in New York

Distribution of property in a divorce

My wife and I have been married for over 12 years.

We were seeing each other while she lived seperate from me for about a year.

She wanted me to move in with her in the house that she lived in with her previous husband, however I wanted a new history with having to know that their were too many sad memories for her in her then house.

We decided to look for a house together and move there to start a new life, she would sell her current house, then we would put down a decent down paymentt to buy the other house, now the house based on credit was put in her name, while I paid the mortgage from the first month of acquiring the house till this present moment.

Although we were not married yet when we brought the house, we got married about six months later and now have an 11yr old child together.

What are my rights regarding distribution of the house?

Other than the down payment, I paid all the bills regarding the house from beginning to end.


Asked on 7/14/08, 9:07 am

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

Re: Distribution of property in a divorce

Even if solely in her name, the house is marital property. The downpayment and any original equity she placed in the house should be returned to her. The equity from the time of the marriage to the date the divorce action is commenced is subject to equitable distribution.

Mike.

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Answered on 7/14/08, 9:23 am


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