Legal Question in Family Law in New York

After getting married, my wife sold her coop and we used those funds for the down-payment on our house. Now it is 4 years later and we are divorcing. Am I entitled to half of the house ? We are both working and paying the mortgage from our joint account.


Asked on 4/18/10, 2:20 pm

2 Answers from Attorneys

You are not necessarily entitled to half since her pre-marital individually owned property was used for the down payment. Since then you have both paid the mortgage so, if your wife has a good lawyer, there would most likely be a computation as to what her contributions have been versus what you have contributed and the distribution would be made accordingly.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

For your information, I also have an office in Rockland County, New York.

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Answered on 4/24/10, 8:11 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Generally, she gets her money back and then it is 50/50 assuming all other marital assets are being divided 50/50.

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Answered on 4/24/10, 9:39 pm


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