Legal Question in Family Law in New York

Re: property dispute

You should consult with a reputable attorney. Try to find an attorney, through friends or relatives, who have had positive experiences with that lawyer.

Re: property dispute

You both should be highly commended for jointly parenting your child.

But, Yes. You should have a lawyer, ASAP!!!.

You should NOT atttempt settlement of the matters outlined, without the assistance of counsel.

However, please note:

"Equitable" distribution of marital property and assets, does NOT mean and does not necessarily result in "Equal" distribution.

You should agree to accept whatever YOU think is "fair" and reasonable, given YOUR contribution to the acquisition and maintenance of the home, and other "marital" assets.

To wit: IF YOUR contribution of $150/month, (along with your prior contributions to acquisition & maintenance), amounts to more than 30% of the cost and maintenance of the premises, then you may be entitled to a greater share, than what is being offered. If not, the offer appears to be more than fair. [Note: Acquisition & maintenance costs usually refers to actual expenditures re equity deposit for purchase, closing costs, mortgage payments, taxes, insurance, maintenance upgrades, improvements & etc..]

Your EQUITABLE share of the house proceeds, is not related to child support, or other extraneous things,(like what your husband does after the divorce, with his girlfriend).

If your original agreement and understanding was fair and reasonable based upon the existing circumstances, at the time, live with it and work out the particulars, through respectful negotiations. Emphasis on "respectful."

If you did not agree. Or, your agreement was contrived, made under duress, due to misrepresentations or misunderstandings of relevant facts; AND, it was not fair OR reasonable, at the time, then of course, you should seek to rectify the imbalance.

Good luck,

Phroska L. McAlister,ESQ