Legal Question in Family Law in New York

My husband and I were married for 13 years. After many issues with his troubled son that continually happened over the 13 year period we were married I was not feeling safe in my home. I decided to leave. My question is, during our marriage my husband never put my name on the deed to the home he owned before we were married. Will I be able to recieve equitable distribution of value of the home? He also has retirement accounts, will I receive a portion of those. I am planning on either a divorce or a legal separtion that would become a divorce in one year as soon as I can afford legal representation.


Asked on 10/11/09, 9:10 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Equitable distribution is not based on whose name is on the deed. However, if he owned the house before the marriage, your entitlement will likely be limited to a share in the appreciation in value of the home over the period of the marriage.

Retirement accounts are certainly marital property to the extent that contributions were made during the marriage, and including all appreciation in the account during the marriage.

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Answered on 10/16/09, 9:18 am


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