Legal Question in Family Law in New York
divorce
i am divorcing my husband after 16 years of marriage. before i do, there is one question i need to ask. the house that we have been living in since we got married was given to my husband by his parents. the only thing is, the house was never put under my husbands name, it still remains under my father-in-laws name. everyone in the world who knows us, knows that this is my husbands house. if i divorce my husband, am i entitled to any portion of this house?
1 Answer from Attorneys
Re: divorce
Good question. First, for there to be a gift there needs to be donative intent and and transfer. Although your father-in-law may have had the intent to gift your husband the house, title never transferred since there is no deed.
Second, assuming that the father-in-law gifted the house to your husband, the gift is not subject to equitable distribution. Therefore, you would not be entitled to equity in the house.
Mike.
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