Legal Question in Family Law in New York

Re: Keeping the house in a divorce

The answer to your question is a qualified YES. Such a determination depends upon the facts and circumstances of your particular case. An attorney must review the history of your circumstances, assets, and income levels, among other things. Our office handles court matters including divorce and custody cases. If you wish to arrange for an appointment, you may call us at (212) 267-7000

Re: Keeping the house in a divorce

There is no clear-cut answer. It is possible for you to remain in the marital residence, or that it be sold with a portion of the proceeds from the sale to go to you. The bottom line is that these issues can be negotiated as part of a divorce settlement.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

Re: Keeping the house in a divorce

If there is sufficient income between you and your spouse, to maintain the house, you should be able to continue to live in the house until the children are older.

However, the portion of the house the Court will consider as "marital property" versus "separate property" will largely be based upon the records you maintained or are able to reconstruct concerning the source of funds used to renovate the property after the marriage; and your role and participation in the renovation; and in the household.

Please talk to a lawyer ASAP about the particulars of your circumstances before making any moves.

GOOD LUCK.

PHROSKA L. McALISTER, ESQ

Re: Keeping the house in a divorce

My sympathies on the demise of your marriage. What comes next is almost as difficult as the marriage - establishing a post-marriage relationship with your ex that benefits your children.

Regarding your question; you should be able to retain possession of the house and live there until your children reach 18. What rights and financial interests you have in the house after that date requires more information.

Law is about applying facts to general principles. Your ownership interest in the house depends on the nature of the money spent on the house since you began living there (not just from when you were married) and what kind of work was done on the house.

There is also a question about other financial issues. they will have an impact on how this will be determined. for example, he may trade his half of the house for ownership of the car.

Divorce is tough on everyone, but you are unlikely to be put out of your house.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.