Legal Question in Family Law in New York
equitable property
My husband and I have seperate homes. He has a home in NJ and I have one in NY. I spend most of my time in NY and he spends most of his week in NJ. We got married in NJ. If we get divorced in the future, where should I file for a divorce? Could my home in NY be considered equitable property in any way, even though I bought it before marriage?
1 Answer from Attorneys
Re: equitable property
If a home was purchased prior to the marriage, under New York's equitable distribution law it is separate property. However, any increase in value during the period of the marriage can, under some circumstances, be marital property, and thus subject to distribution. The rule would apply regardless of the location of the home.
Where you file for divorce would depend upon two things: first, whether you assess New York's laws as being more advantageous than New Jersey's, and second, whether you can establish grounds. New York does not offer no fault divorce, New Jersey does.
If you'd like to arrange a consultation, please feel free to get in touch.
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