Legal Question in Family Law in New York

division of marital home

According to settlement of four years ago, I now have to split the marital residence (60 me, 40 ex). We had to get our own appraisals and work from there. They are $145,000 apart and I believe ex paid his appraiser off (he is very wealthy). His attorney is threatening to go to court and have the court appoint a third appraisal and that I would have to take whatever they say. What are one's chances in doing this...my attorney says it's a crapshoot and depends on who the appraiser is. The ex already has a home of his own which is rather large form himself. I have custody of the four children and am barely going to make it on any kind of split with him, but need the lowest buyout price I could get. Any ideas......


Asked on 7/08/05, 11:11 am

2 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: division of marital home

You can go with the court apppointed neutral or agree to an average of the values.

Daniel Clement

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Answered on 7/08/05, 11:35 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: division of marital home

I agree with the answer of atty Clement.

However, would add that if you are currently unable to "buy out" your EX's share, the Court can decide to permit you to live with the children "of the marriage" in the marital premises, until the youngest reaches majority, before compelling the sale or purchase of the premises; or your removal. Note: The children have the right to expect that their parents will maintain their standard of living, to the extent the parents have the means or ability to provide same, even after a divorce.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 7/08/05, 12:09 pm


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