Legal Question in Family Law in New York

Division of marital home

I was married for 2-1/2 years to my current husband. He purchased the home 1 year prior to our marriage with his own funds for down payment. During the engagement (7 months prior to the marriage) I invested a small amount of improvements and a lot of time into the home. During the marriage, I invested quite a bit ($45,000.) and contributed to 1/2 the carrying costs of the home (mortgage, taxes, utilities, insurance, etc) monthly. I'm told I'm entitled to 1/2 the appreciation of the home to the extent I can prove I significantly contributed to the appreciation. Are my monthly contributions considered when evaluating my investment in the home?


Asked on 11/12/02, 7:34 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Re: Division of marital home

The governing concepts are easier to describe than they are to negotiate into 'being so', depending - - of course - - on the extent to which the parties are hard-hearted.

If the financial issues of this divorce are being hotly contested, you will be at a serious disadvantage if you are not represented by an attorney. If it develops that these financial issues must be litigated, much {perhaps 'all'} depends on the right preparation / presentation of the evidence {such as your monthly contributions, for example}.

You need to consult, face-to-face, with a lawyer.

If you doubt that you can afford to hire an attorney, you should At Least contact the Bar Association in the county where you live to see if they have a referral program. They probably do. Through this program you can arrange an "initial consultation" with an attorney experienced in these issues for a very minimum payment.

You would be under no obligation to hire that attorney.

Good luck.

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 11/12/02, 9:56 pm


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