Legal Question in Family Law in New York
Distribution of property
Mom bought house b4 marriage, title in her name and made all mortgage payments as well as all other bills. My sister and I also live in this house. Because of our immigration status, she had not put our name on the title/ deed(only my older brother 33 is a citizen) Now she wants a divorce (he cheated). Can she hand over title to any of her 3 children? How much is her husband entitled to?
She also has my car in her name (I made the payments). Can he get that too? What provisions can she make in order to ensure that he does not walk away with our home and cars? Can his constant cheating be seen as cruel and unusual punishment? Please help us. We are very worried.
2 Answers from Attorneys
Re: Distribution of property
On the one hand, the title remains with your mother and she can dispose of it as she pleases.
However, his lawyer will argue that money earned during the marriage were used to pay for the house and also that it is the 'marital home.
Your mother can protect these assets, but the assistance of a lawyer would be helpful.
You are welcome to a consultation for no fee.
Re: Distribution of property
If your mother purchased the property with her own money and maintained it as separate property, then her husband will have no valid claim against it. However, her vocational income is considered marital property, and to the extent that she used that money to build equity in the home, her husband will likely seek to capture some of that value. The car may be viewed similarly, but if you made all payments as a gift to your mother alone, he should not be able to get at it. You should consult a lawyer to begin preparing as soon as possible.
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