Legal Question in Family Law in New York

house problem

I bought a house in May of 2003. I have been living in it for almost two years. My boyfriend moved in with me and we recently married (oct. 1 2005). Our marriage is failing. We haven't even been married a year. The house is in my name. It's very distressing to me. I know New York is an equitable distribution state. Is there any way I can keep my house (in the event of a divorce) without owing him half of its worth? I worked so hard to buy it. I can't afford to pay him much of anything. I have a few thousand saved that I am willing to give him. We have no children. Please help me. We make almost the same amt. of money per year. He makes a few thousand more than me and has a lot of school loans. I don't have school loans. I'm so stressed out over this and need options. The house has appreciated quite a bit in value since I bought it. Please help me out and give me some good advice.


Asked on 2/08/05, 1:22 pm

4 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: house problem

It appears the house was purchased by you prior to the marriage and as such may not be subject to equitable distribution,however there are qualifications to that answer they may be has he contributed towards the up-keep of the house?The mortgage payments?Repairs of the house etc ,without more info your problem is not easy to analyze.I suggest you get a competent divorce attorney ,who may negotiate on your behalf via a separation agreement what each of you will get should the marriage be dissolved .You may call my office @718-834-0087 for more information.

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Answered on 2/08/05, 5:45 pm
Seth Kaufman Kaufman PLLC

Re: house problem

The house is separate property not subject to equitable distribution if you have done nothing to convert it to marital property. You should consult an attorney immediately to help you plan for filing an action for divorce. My practice is almost entirely comprised of real estate and family/matrimonial litigation. I do not charge a fee for the initial consultation. Call my office at 212-255-4414 if you wish to schedule an appointment.

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Answered on 2/08/05, 11:10 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: house problem

I generally agree with prior answers from the 3 other lawyers.

I only want to add that, your "worrying" will not make your situation clearer; and to emphasize that you should consult with (in person) and retain a lawyer ASAP!

Good luck,

Phroska L. McAlister,ESQ

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Answered on 2/09/05, 10:57 am
John O'Donnell Attorney at Law

Re: house problem

It would be improper for an attorney to provide you with 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 general information. I recommend that you consult with an attorney.

It is possible that the house will be considered your separate property and not marital property. Separate property can be transformed into marital property, however. For example, if your husband contributed to maintaining the property (mortgage, taxes, reparis, etc.) a portion of the house could, arguably, be considered marital property. In a marriage of such short duration, this amount would likely be negligible.

Again, I recommend that you consult with an attorney on this matter.

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Answered on 2/08/05, 1:53 pm


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