Legal Question in Family Law in New York
Father Divorcing Second Wife
My father is divorcing his second wife. For whatever reason, they put the house in my step-mother's name several years ago. This is now their only asset. I understand that he is entitled to half, however, what if before the divorce she sells the house to her son for $1. Does my Father then not have rights to the property?
1 Answer from Attorneys
Re: Father Divorcing Second Wife
No. That would be deemed a fraudulent conveyance and your father would have the right to have the house transferred back to the son.
If this is a concern, your father should file a lis pendence against the house to create a lien whereby wife would not be able to deed the house to avoid equitable distribution.
If your father needs a lawyer feel free to have him call the office.
Mike.