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?


Asked on 9/14/08, 8:48 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

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.

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Answered on 9/14/08, 9:06 am


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