Legal Question in Family Law in New York

Re: If I divorce my husband, is he entitled to my property?

The likelihood is that since the house was used as a marital home, your spouse would be entitled to a share of gained equity value in the home during the course of the marriage.

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Re: If I divorce my husband, is he entitled to my property?

This is a difficult question and not all judges give uniform answers in each case. A good lawyer can be very helpful to your interest when litigating this type of issue.

(1) You indicate you both lived there during the marriage. In that case, it is likely that any increase in value (based on comp value estimate) would be considered marital property.

(2) How the house was paid for will determine any other interest in the house he might have. Here again, you want a resourceful lawyer.

With a mortgage, if you did not have some sort of 'separate' funds, then the mortgage paid before separation would likely be a 'marital asset' in which he would share3. The date of separation is something you need to be aggressive about.

Separate funds may exclude the paytments from the category of 'marital property'.

(3) The time before the matrriage may be considered as part of the marriage, or not. That will be decided by the judge. A lot of money may ride on that decision.

A record of the finances of the house needs to be made. It must be extremely detailed and specific.

Often the bulk of the 'marital estate' is in the house and that is where the contention is found.

You are welcome to a consultation for no fee.

Re: If I divorce my husband, is he entitled to my property?

There is no "sure thing" in the course of human relationships. An adage of course, but the truth.

Try to discuss with you both having lawyers, the fastest and most equitable way to end your marriage, and protect your child and your own sanity.

Good luck,

Phroska L. McAlister,ESQ

Re: If I divorce my husband, is he entitled to my property?

If you purchased the house before marriage, kept it in your name, paid for it in full before the marriage, and used no marital funds for the upkeep or repair of the house, there is a high likelihood that you will keep the house totally to yourself after divorce. However, if you had a mortgage on the house, paid taxes or repairs with marital funds (income either of you earned while married), he might be able to claim a part of the house. This area of property law is very grey because it is very dependant upon all of the facts of each case. If you would like to discuss your specific facts in depth, please call my office at 518-383-1182 to schedule a consultation. I would be happy to review your particular circumstances in detail and provide you with some insight and recommendations regarding protecting yourself in divorce.