Legal Question in Family Law in New York

divorce assetts

I married my husband on 06/16/06, in Suffolk county, NY. My husband lived in Floida. I owned a home for ten years, and sold it. I put money from the proceeds in an account for my daughter, for her future. My husband asked to borrow the money, telling me that when I moved there, he would apply for a home equity loan, thus enabling him to quickly return the money to my daughters account. In october of 2005, I moved to Florida. I had to leave in September of 2006, due to an order of protection that was issued against my husband. He now has obtained a public divorce in FL., Claiming that there were no assets or property. I have the wire trasfer that went from my daughters account to his. Can I sue him in NY for this loan? The origin of this transfer was from NY.


Asked on 5/09/07, 5:54 pm

2 Answers from Attorneys
Lissa Luke Luke Law Offices PLLC

Re: divorce assetts

Regardless of where the loan originated, the pivotal question is "Did you memorialize this agreement in writing?" If you did not ask him to sign an agreement that the transfer was a loan, courts are likely to view the transaction as a gift.

Please contact my office directly for further information. Lissa Luke, Esq.

Disclaimer: This information should not be relied upon as legal advice because it is not a substitute for an in-person consultation with an attorney. Nothing stated in this response constitutes the establishment of an attorney-client relationship between you and this firm.

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Answered on 5/10/07, 10:27 am
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: divorce assetts

You can commence a proceeding in either Civil or Supreme Court depending on the amount. If you get a favorable judgment, you may have a problem executing the judgment.

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Answered on 5/09/07, 10:16 pm


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