Legal Question in Family Law in New York
money given as a gift
my mother has given to me as a gift for a downpmt for a house of $204,000. My husband & I are getting divorce and I have been told that a gift is not shared property & he is not intitled to this money. As for the balance if the sale from the home after the mtg is paid and legal expenses are paid we would spilt the balance 50/50. Is this true do I get the money given to me as well as 50% of the balance. Does my husband have any rights to that money. In addition he has not paid any bills he has not worked to make any contrubutions towards payments my mother lives in the apartment and has given to me in addition to the down pmt over 100,000 to help me meet my bills and expenses. My husband has told me that his attorney states that he is entitle to half of the house after the mtg is paid off. the mtg is in my name only (the house is in both of our names) we had a mtg of 145,000 & within the past 6 yrs we had to refinace 3times to a total of 300,000 that I have been working 2 jobs to meet the bills. we have 3 kids and I was given psychical cusotdy and I want to sell the house to cut down on my expenses. Does he have the right to half the house or just the half after my mother gets her moneyback please help me
thanks cathy
3 Answers from Attorneys
Re: money given as a gift
Once its comingled it will probably be considered marital property. To avoid any misunderstandings you should put your intentions in writings and have him agree to it.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: money given as a gift
While your husband might be entitled to a portion of the appreciation of the house under equitable distribution and the circumstances that you describe it may not be 50%. e mail me and I will send you my special report "what you should know before hiring a divorce lawyer" or call 516 466 5297 for a free telephone consultation
Re: money given as a gift
This one is a little bit more complicated than most, but I will try to break it down into parts.
1) You should be able to recover the money from your mother under a couple of legal theories.
2) Any money after the mortgage and other fees and the mother's money are subtracted that is left over is likely to be split between the two of you (1/2 each).
3) You raise questions of custody and visitation, but not child support. Child support can be required.
4) You state that the issue of custody has been resolved in your favor because he is not psychologically capable of serving as the custodial parent. Psychological incapacity can be grounds for limiting visitation (supervised only, no overnight are two options.
5) His attorney is a limited source of information for you. That person is the representative of your husband and will pursue your husband's interests exclusively.
If you have money for a lawyer, it is a good idea. If you don not, there are a variety of ways you can get a free lawyer assigned to you. I have been so assigned in the past.
You are welcome to a free consultation with me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
