Legal Question in Family Law in New York

Re: Division of Property owned before marrage

If your home is the marital home, and absent a prenuptual agreement stating otherise, your spouse may be entitled to a portion of any appreciation in value of the home during the course of the marriage. However you may be entitled to appreciation in value of his separately owned home. You should consult with an attorney that specializes in divorce law if you are planning to proceed with a termination of the marriage.

Re: Division of Property owned before marrage

Generally, property acquired before marriage is "Separate" property, and not considered a part of the "marital" property or estate.

Although a spouse may acquire an "interest" (not ownership) in a spouse's "Separate property by, his or her, direct and indirect contributions, during the marriage, to the "appreciated value" of the separate property. The Court, NOT your husband, is the arbiter in deciding whether a non titled spouse is entitled to any interest in the "Separate" property of the other spouse.

Note, Your claim to entitlement to his separate home, may easily offset his argument and claim to your home.

Good luck,

Phroska L. McAlister,ESQ

Re: Division of Property owned before marrage

Let me just say that contemplating a divorce can be a very difficult task, and we as a profession can truly appreciate this. With that being said, you and your spouse already had a house prior to the marriage, these houses would be considered separate property since they were purcahsed with separate property (funds acquired before the marriage or inherited funds, for example. Now it gets trickly because your husband may be able to show (if applicable) that during the marriage you were using marital funds to pay for the morgage, then it can be argued that you have comingled property & the Court may hold that the property can be considered marital property subject to equitable distribution.

Since your situation can eqally apply to him, I think that equitable distribution can be worked out fairly. This is just one illustraction of the many scenerios that can play out with the given situation.