Legal Question in Family Law in New York
family home
my husband purchased our home with money from his parents estate. we are now divorcing and i have custody of our 5 yr old daughter. do i have any rights to this home?
2 Answers from Attorneys
Re: family home
You may have a right to exlusive occupancy of the house, at least for a period of years. You may also have other rights and interests, depending on the facts of the case, which cannot be properly disussed here.
Suggest you consult with an experienced matrimonial attorney ASAP.
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Re: family home
You certainly do. Marital property is defined as property that you each own and participate in together. There is case law that suggests that the fact that your name is on the deed, even if the home were purchased before the marriage, represents a gift of a portion of the house. While the money for the down payment was probably separate property - once he joined it into the house and you participated in the care of the house - it was transfered in whole or in part to marital property.