Legal Question in Family Law in New York
Divorce Laws
I got married in Las Vegas on june 15 2004 .I have been with my wife for three years as of feb 21st 2005.When we started out she lived in a condo and had money of her own .She purchased a house which needed alot of work .I fixed it enough to where she sold it and made a good profit .We got married shortly after purchasing the house .Then she sold that house and we moved back into the condo until she decided to buy the house that were in now .I have done alot of the repairs to the house so that we move into it .I have also spent my own money and labor .I want to know if we get divorced if I will have any right to the sale of the house being that we were married at the time of the purchase .My name is not on the deed so does that create a problem for me ? The reason for me wanting a divorce is because my wife does not except my daughter from a previous marrige and doesn't look like she is going to .I am a recovering alcoholic and have had a couple relapses because the way she makes me feel .I have never been violent toward my wife except for fighting with her verbally .I don't feel like I can take much more of her selfishness when it comes to her property .I have made this house what it is and I have pictures and reciepts
1 Answer from Attorneys
Re: Divorce Laws
If you made direct and indirect contributions to the increased (or appreciated) value of property, acquired during your marriage, (although originally purchased with your spouses' separate funds), you presumably would be entitled to an equitable share and interest, in the increased value or equity of the property.
However, since your marriage is of short duration, you should consider negotiating with your spouse, first. Use a third party professional, that you both feel comfortable with, ie., a marriage counselor, lawyer, arbitrator, etc.. It may help you to ascertain what contributions to the property, if any, your wife is willing to acknowledge that you made. Also, NEGOTIATION, NOT Litigation, or Provocation, can help you both to limit the issues to "just" compensation and reimbursement for your costs, expenditures, labor and contributions, minus the value you may have already realized from the use of the property. You do not want to wander off into other territory, that is not relevant to your case.
To wit: your spouse did not have any obligation to "accept" your child, into her home or "share" or give you use of any of her pre-existing separate property, money or assets, unless she specifically made such committments in a written contract or agreement, enforceable under law.
Also, your alcohol "relapses" could be argued as times when you destroyed or consumed your "equity," leaving you nothing to recover.
So, Be careful, in your thinkgin. Stay focused. Immediately remove yourself from the toxic situation. AND, get thee to a lawyer ASAP.
Good luck,
Phroska L. McAlister, ESQ
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