Legal Question in Family Law in New York
Property Deed
My spouse's ex-wife is still listed on our home's deed. She has not paid any taxes nor any of the home improvements. She was supposed to pay half of loan but my spouse paid bill in full. In the divorce it was to be sold and the loan was to be paid any remaining balance or any remaining funds received were to be split 50/50. The home was worth 50,000 at the time of divorce and the loan was 45,000. Now the home with all the improvements my spouse and I have done is worth 81,900. We would like to have her name removed off the deed but want to know if she is entitled to anything since she has not contributed to anything?
1 Answer from Attorneys
Re: Property Deed
It is a fairly obscure rule that, the law and Courts, generally do not require an EX Spouse, to "pay for" or underwrite the EX spouse's use and occupancy of the "former" marital property, owned in whole or part, by the formerly married parties, with another spouse or partner.
Thus, Your spouse's Ex MAY be entitled to a 50/50 split of the net proceeds or appreciated value of the house, despite her not contributing to the Mortgage pay off or to the maintenance and care of the premises.
Your spouse had an AFFIRMATIVE obligation to pay his EX, for her share and interest in the house, BEFORE living in the house with another spouse or partner. His failure to do so, resulted in a "benefit" to him and an "injury" and "deprivation" to his EX, of her entitlement, that the Courts do not reward.
Good luck,
Phroska L. McAlister,ESQ
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