Legal Question in Family Law in New York

Re: Can my home be subject to a divorce settlement if i owned it prior to marria

This is an interesting question and my answer is that some of it may be marital property and subject to the rights of the ex-spouse and some will not be.

All property acquired before the marriage is separate property and your part will not be subject to the divorce. And all of your sister's property that she bought and paid for will also be separate.

However, that part which was paid for during the marriage may be subject to the divorce. That means that if there is a mortgage which is currently being paid, then your sister's 1/2 of the mortgage will be part of the marriage (marital property). The maintenance is 'used up' each month, and that part will not be a part of the marital estate.

So the 1/2 of the mortgage paid by your sister during the marriage will be property considered 'marital property'and the ex-spouse will be entitled to 1/2 of that (1/4 of what was paid on the mortgage during the marriage).

Of course, all of this can be subject to negotiation and I noted the other 2 lawyers did not fully agree with me. If the ex-spouse's lawyer is of the same opinion, you could be in luck!

Good luck.

Re: Can my home be subject to a divorce settlement if i owned it prior to marria

It would be improper for any attorney to provide legal advice without having first analyzed all of the facts and circumstances of your particular matter.

However, I will try to provide you with some information.

Property acquired prior to a marriage is generally not considered marital property. Thus, it cannot be part of equitable distribution in the event of a divorce. It is unlikely, therefore, that your coop will be considered your sister's marital property.

I hope that this information has been helpful.

Re: Can my home be subject to a divorce settlement if i owned it prior to marria

Your sister's interest in the coop was separate property going into the marriage. If she has done nothing to compromise her interest or to otherwise convert it into marital property, her husband cannot reach it in a divorce. However, you may want to take steps to increase your protection, such as transferring her interest to you. Your sister should consult an attorney experienced in real estate and domestic relations matters prior to taking any action relating to the coop or divorce.