Legal Question in Family Law in New York
Marital Assets
My wife has recently filed for divorce, during our marriage my father-in-law put my wife's name on the title to his house after my mother-in-law passed away. My wife is one of five siblings, and was chosen because we have taken care of them. Her attorney is claiming that the house was gifted to her and that I have no rights to it, even though I did everything for them and kept up the house while they were alive. Is this true? Are there certain legal proceedings required to gift a house?
3 Answers from Attorneys
Re: Marital Assets
I can't answer your question without more information. Specifically, I would need to know how he retitled the house.
Your wife's attorney could be right, but I cannot tell you without more facts. You should retain an attorney.
Re: Marital Assets
Gifts are seperate proiperty. However, if you can show that you made improvements to the house or maintained it AFTER the gift was made, then you may be able to cliam it is a marital asset.
If you do not have representation, I suggest you do so. If I can be of help, please feel free to call me.
Daniel Clement
Re: Marital Assets
Your father-in-law probably retained a life estate to the house. This would make valuation difficult, since he may outlive both of you. If he had intended that you be included in the gift, he would have placed your name on the deed too.
You do not mention how long ago this happened. The appreciation on separate property is often deemed to be a marital asset. If you helped improve or maintain the home, so much the better.
Suggest you consult with an experienced matrimonial attorney.
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