Legal Question in Family Law in New York
divorce assets
I am currently trying to win a settlememt in ny.I have a lawyer who pretty much doing nothing 3,500 later.I am joint owner of a house that my husband lives in.It was givien to us as a wedding present by his parents back in 1975.my husband took early retirement from kodak.I was kept in total darkness about assets he has.we had a rocky marriage. most of it was just emotional abandonment.soo I started going else where,and he's left looking squeaky clean.My question to you is what are my rights.the house is mine to my name is on the morgage.He want to give me nothing.my lawyers say I really don't have grounds so we have to just wait and see.I don't want to wait and see.he is still paying my health insurance.Why should I just give up everything just to get a piece of paper that says were divorced.After 30 years ,I moved out in 2004.I 'm collecting food stamps to survive and he's sitting pretty in our house.Can I sell the house and have him buy me out?I need to get half of 106,000 for the house so I can at least have alittle something in the bank to move on.I forgot to tell you I'm a recovering alcoholic,sober almost 4 years,right around the time I moved out.So he got alot of ammo against me. can you tell me what to do? Ican't believe i
1 Answer from Attorneys
Re: divorce assets
Why are you on food stamps?
although you are separated you are still entitled to support from him.
Since he is retired from Kodak, he must be receiving a pension. You are entitled to part of that pension (1/2) during the time that you were married to him. Health insurance should also be considered in the distribution of the pension assets.
The house was given to you back in 1975. Is your name on the deed. The name on the deed is a presumption of ownership. The name on a mortgage is a presumption of debt.
You lived with him for 28 years. You helped pay down the mortgage. You should be entitled to a portion of the house, even if your name is not on the deed.
I feel that he is trying to starve you out.
If you would like to talk more about this, please feel free to contact me.
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