Legal Question in Family Law in New York
Marital Property
I was served with an action for divorce along with a separation agreement. Here is the question:
As we own a house which was purchased during the course of our marriage and even though the house and mortgage are in her name, am I still entitled to half of the equity and and/or is this still considered part of the marital property?
1 Answer from Attorneys
Re: Marital Property
Whose name it is in does not make a difference in determining whether the house is marital property. If it was purchased during the course of the marriage and paid for with funds that are marital property (pretty much anything that isn't an inheritance of one party or the proceeds from other separate property), the house is marital property. Even if it was purchased with separate property, if the mortgage or taxes were paid with marital funds, at least some of the value of the house is marital property.
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