Legal Question in Family Law in New York
divorce law in ny
I'm currently living in SC but started my business in NY when I was still wth my wife. We have been separated since 2006 and are now both seeing other people. The complaint has been filed in NY. My question is this - I am currently trying to purchase a home in SC an hope to close within the next month or so. Is she entitled to any part of the home if I purchase it ? Also, will I be required to pay for her health insurance and purchase life insurance on myself for her since she is living with someone else and has been since 2006. Thank you!
2 Answers from Attorneys
Re: divorce law in ny
Normally, the cutoff date for equitable distribution is the date the summons is filed with the Court. Your question does not mention that date.
If the summons was filed after you went into contract for the house, the house may be deemed marital property.
If marital funds was used to purchase the house, the house may not be deemed marital, however, you would have to account for the money used to purchase the house.
Mike.
Re: divorce law in ny
If you were legally separated in 2006, she is entitled to nothing that you acquired subsequent to the separation. On the other hand, if you simply parted, without filing a separation agreement, the issue is a bit more murky. One would need to know when the complaint was filed, when the purchase agreement was signed, what the source of the funds for the purchase was, etc.
On the insurance issues, these are negotiation items in a settlement.
If you would like to arrange a consultation to discuss the details of your case, please feel free to get in touch.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
