Legal Question in Family Law in New York

Division of property in a NY marriage less than a year.

If a marriage has been less than a year in NY and we bought a house together after we were married but my spouse put the deposit on the house from his own money when we divorse is the equity in the house still split evenly. Both names are on the mortgage. The binder was signed a month before we married, will that make a difference.


Asked on 5/29/04, 11:01 am

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Division of property in a NY marriage less than a year.

NO. An "even spilt" usually results from an "even" contribution.

The equity is likely to be divided according to your direct and indirect contribution, after the marriage, to the acquisition and maintainence of the property.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 5/31/04, 12:17 pm
richard feldman richard d. feldman

Re: Division of property in a NY marriage less than a year.

you would be entitled to a portion of any appreciation in the value of the house. you can call me at 516 466 LAWS for free telephone consultation

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Answered on 5/29/04, 2:24 pm


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