Legal Question in Family Law in New York
Marital Property (Primary and Rental)
I have been married 12 years. My husband acquired two houses before the marriage (one marital residence; one rental). Mortgage has been paid on marital residence from marital funds (deduction from his paycheck); mortgage on rental paid from joint checking account.
I help care for both houses and have put my paychecks 100% into joint accounts to help pay for all expenses. I have given up full-time career to care for our disabled son and so I make much less money than he does.
How dumb have I been? Do I have any claim on equity aside from appreciation? Can someone point me in the direction of any case law that I can use?
2 Answers from Attorneys
Re: Marital Property (Primary and Rental)
A good matrimonial lawyer can put together a comprehensive marital dissolution plan.
From what you have told me you are entitled to the appreciation and also an amount for the paying down of the mortgage. You can also make a claim that you have been the manager of the property, and have given a substantial amount of time to its upkeep.
You can never be considered dumb when you sacrifice to take care of a disabled child, or for any child. You have done well to do so.
Your husband will have to pay child support which would equal 17 1/2% of his gross less fica, which is more when you take into consideration the monies paid for child support, he also has to pay taxes on, plus a proportionate amount of chld care and medical expenses.
And not to mention maintenance (alimony).
Again, get yourself a good matrimonial lawyer.
If you should need the services of a lawyer, please feel free to contact me.
Re: Marital Property (Primary and Rental)
A good matrimonial lawyer can put together a comprehensive marital dissolution plan.
From what you have told me you are entitled to the appreciation and also an amount for the paying down of the mortgage. You can also make a claim that you have been the manager of the property, and have given a substantial amount of time to its upkeep.
You can never be considered dumb when you sacrifice to take care of a disabled child, or for any child. You have done well to do so.
Your husband will have to pay child support which would equal 17 1/2% of his gross less fica, which is more when you take into consideration the monies paid for child support, he also has to pay taxes on, plus a proportionate amount of chld care and medical expenses.
And not to mention maintenance (alimony).
Again, get yourself a good matrimonial lawyer.
If you should need the services of a lawyer, please feel free to contact me.
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