Legal Question in Family Law in New York

Marital Assets

I am currently seeking to obtain a legal separation, and eventually a divorce in New York. My husband has agreed to give me the car and the house, not asking for half. He does not want our 3 year old son to have to move, or me to be without a made of transportation for him. My question is, will this be possible, for him just to sign these two properties over to me? Also, on the books it does not look like I make enough money myself to carry the car and mortgage payment, when in fact, I can. Will this become a problem? Thankyou for any help you may be able to give me.


Asked on 7/09/03, 2:49 pm

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

Re: Marital Assets

Any agrement reached by the parties regarding distribution of assets will be accepted by the courts. If you would like to discuss the drafting of such a seperation agreement ,you may set up a consultation @718-834-0087.

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Answered on 7/11/03, 6:33 am
Daniel Clement Law Offices of Daniel Clement

Re: Marital Assets

My suggestion is to consult in person with an attorney to review the specifics of your case.

Daniel Clement

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Answered on 7/10/03, 9:42 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Marital Assets

You are fortunate to be able to discuss things with your husband. Most people engaged in a divorce cannot. The emotions are too intense.

In this case, your husband has a right to give you/sign over anything he chooses to sign over. The courts can and will require he sign over a minimum, but anything extra is very legal. Making sure it is done in a legally binding way so that there are no problems later is important. An attorney can help you with that. You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 7/10/03, 1:11 pm
ODALIS M. ENCARNACION LAW OFFICE OF ODALIS M. ENCARNACION

Re: Marital Assets

It is quite possible for your husband to assign the properties to you. Both parties must sign a seperation agreement and eventually after it has been filed for a year, those terms get incorporated in the divorce decree. Feel free to contact me directly at (718) 651-5283 for a free consultation.

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Answered on 7/09/03, 3:14 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Marital Assets

Your husband can sign a quitclaim deed. You do not have to refinance the mortgage; just pay it. You will also be receiving child support. Your husband's name will stay on the mortgage, but the house will belong to you.

Suggest you discuss this with your attorney.

If you do not have one, suggest you consult with an experienced matrimonial attorney.

I practice in NYC and Long Island.

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Answered on 7/09/03, 7:53 pm


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