Legal Question in Family Law in New York
Am I entitled to a share of wife's inherited property?
My wife and I have been married 3 years, and now she wants to file for divorce as I moved out of our marital home 4 months ago(we weren't getting along). Ten years ago her father died and left her a house overseas. She has a tenant in the home and he sends her approximately $20K a year in rent. This money is sent to a joint account in our name. The account was originally in her name alone, but she added my name a month after we got married, as we thought it would speed up my green card application (she filed for me) if we showed proof of possessing a joint account. My wife was laid off from her job a day after we got married, and has used this rent money to support the two of us while we were both unemployed, and to pay bills when I became employed as my salary was insufficient to cover our basic expenses. Although I was a joint owner, I personally never withdrew/deposited funds into this account.
In the event of a divorce, am I entitled to a share of the house, or the rent she recieves in the future?
1 Answer from Attorneys
Re: Am I entitled to a share of wife's inherited property?
No you are not entitled to income from property left to your wife by her father prior to your marriage. The source of the income, the property, was not transferred to the two of you jointly, and did not change from "separate property" to marital property. In addition, you have not added or contributed to the value of the property in any discernable way. So, even if a portion of the property were deemed marital, your interest in same would be nil.
Phroska L. McAlister, Esq.
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