Legal Question in Family Law in New York

Equitable distribution and displacement of children

My brother is involved in a nasty fustdoy and divorce. He and his wife purchased a home in 2001 for $140,000. and has been court appraised for $315, 000. This of course has been rejected by the wife(petitioner). Her atty. then gets an independent (non-court appointed appraisal) and the home was appraised for $265,000. A similar home (same block) was sold in 2002 for $265. I think the property should be valued. Please be advise that the wife is self-employed, college educated and makes aprox. $40,000. per year. The husband is a fireman. They also have two children 2 & 5. The court is leaning towards giving the home to the wife for she claims child displacement. How can it be displacement if both spouses would walk away with aprox.$65,ooo. for a new home. Don't both parents deserve to provide a good home to the children? Help?


Asked on 3/04/04, 2:38 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Equitable distribution and displacement of children

The prime custodial parent of minor children usually is given the option of remaining in the home of the marriage, for a substanial period, absent extreme financial hardship.

The Courts rarely make the custodial parent move the children merely because of "the money" or equity the noncustodial spouse may receive upon sale of the premises.

REAL Joint custody, if feasible, might help to remedy what you consider the unfairness of the current proposed disposition. Or, transfer of the property in lieu of child support for a substanial period of time..... or some other creative way of obtaining an equitable solution.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ

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Answered on 3/04/04, 3:56 pm


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