Legal Question in Family Law in New York

divorce & property rights

Your inquiry gives no indication of the grounds upon which you would rely to seek a divorce. Pretending for the moment that you don't have 'sufficient grounds', the next, customary approach is by way of a separation agreement leading to what is sometimes called a "conversion divorce" {i.e., the separation is converted into a divorce after a year of living apart}. Now, this gets a little confusing, but follow along: New York has no *no fault* divorce; consequently, one has to formally complain of one or more of a small-ish collection of 'faults'; however, when it comes to the issue of equitable distribution of the marital estate, "fault" plays virtually _no_ role; however, the nature of the specific fault -might- be a consideration in determining possession of the marital residence {commonly, for example, a wife/mother complaining of physical abuse perpetrated by the husband is likely to get possession of the residence}.

However, the "trickiest" part of the chore confronting the lawyer you need to devote some of your 125K to retain sooner rather than later will be to devise a theory supporting the proposition that the house is not marital property & I wouldn't be surprised if you were advised that no such theory exists. Pretending that such is the case, you are then confronted with having to buy her out, if you REALLY want this house {which, maybe you don't, when you think about it, what with it being the site of mostly unhappy memories, ehh?}.

Choose your attorney with care & good luck.

Regards, etc.,

jmhayes

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-