Legal Question in Family Law in New York

Divorce and sale of home.

My wife and I may be divorcing. We have been married just over 5 years,and have no children together. (she has 3 from her previous marriage, and I have 1)We purchased a new home almost 5 years ago. I placed the $28,000 down payment on the home with the money I made with the sale of my previous home. She took a loss on the sale of her previous home, so she contributed nothing towards the down payment. I also have paid for all of the upgrades to the home over the past 5 years, also with the money I made from the sale of my previous home.These upgrades(new sprinkler system,new patio,landscaping,gutters and had the entire interior of the house professionally painted)cost me thousands of dollars, which also increased the value of the home. If we sold the home tomorrow, we approximately would make $170,000 after paying off the motgage balance. My wife thinks she is entiled to half of this profit. I think she would be entiled to half after I got back my $28,000 down payment, along with the thousands of dollars I paid in all the upgrades to the home over the past 5 years.We both split the monthly mortgage and tax payments equally over the past 5 years. Could you please tell me what I am entitled to,and what she is.


Asked on 10/20/07, 9:42 am

1 Answer from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Divorce and sale of home.

You may be entitled to a credit for the downpayment, the improvements may be another story though. If you prove that the funds for the improvements came from "separate property" then you may a chance, otherwise she is more than likely entitled to half less the downpayment.

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Answered on 10/20/07, 2:04 pm


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