Legal Question in Family Law in New York
Dividing ''marital'' property
I owned a home before I married in 2000. I have since refinanced the home in my name only and have been responsible for the mortgage payments. My husband feels if we divorce, he is entitled to part of the home. Is that true? What can I do to protect myself?
2 Answers from Attorneys
Re: Dividing ''marital'' property
While a home that you owned prior to the marriage is certainly considered separate property, not subject to New York's equitable distribution requirements, under certain circumstances a court may hold that the appreciation in value of that home that took place during the marital period is subject to equitable distribution.
The specific facts and circumstances of your case will be critical to determining how the court would treat your home. What steps you can take, if any, to protect your position would be the subject of a specific discussion between you and an attorney who deals in divorce law.
If you'd like to arrange a consultation, please feel free to get in touch, either via phone or e-mail.
Re: Dividing ''marital'' property
If the house was purchased prior to the marriage, your husband did not contribute to the mortgage, the improvements, etc. then it will not be subject to Equitable Distribution. However, there is no definitive to determine whether the home will be subject to E.D. until you speak with an attorney. www.traceyabloodsaw.com
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