Legal Question in Family Law in New York
Divorce and financil rights
My mother and her husband have been married for almost 8 years. Currently the home they live in is in my mothers name and is paid off (paid off prior to them getting married). If they divorce does have any rights to the house? As far as anything acquired during the marriage (vehicle, land) that is in my mother's name--does he have rights to this? My mom has a will where everything is left to her five children--is this null and void if she dies first?
2 Answers from Attorneys
Re: Divorce and financil rights
Your mother's husband does have rights to half of the increase in value of the home from the time that they were married. As for all other property aquired during the marriage, he is entitled to one half of the property not aquired by use of money from an inheritance or from a court award of personal injury damages.
Re: Divorce and financil rights
If the house was acquired before the marriage, the husband did not contribute to its maintenance, upkeep, the costs, etc. then it may be considered separate property in a divorce proceeding. What happens to the house if your mother passes depends on what's in her will. If she wants it to pass to her children, the will must be written accordingly.
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