Legal Question in Family Law in New York
property
If I have been married for 5years and we buy a house but the house is put all in my husbands name and we get divorced
will I be allowed part of the house and if we are not divorced but we are having problems would he be able to make me leave?
2 Answers from Attorneys
Re: property
YOU HAVE A RIGHT TO THE EQUITABLE DISTRIBUTION OF THE MARITAL ASSETS. This includes the house, but your question is to general to give this issue a proper evaluation.
YOU CANNOT SIMPLY BE THROWN OUT OF THE HOUSE! This is especially true if you have children. But even if you do not have children, arrangements for the disposition of the marital home must be made by the court. Again, all of the facts of your case must be considered to properly evaluate the situation.
A PROPER CONSULTATION CAN ONLY BE ACCOMPLISHED BY SITTING WITH YOU AND REVIEWING THE DETAILS OF YOUR CASE. If you are well informed, your husband will not be able to bully you!!
If you wish to have a consultation, you may call my office to arrange for an appointment.
Re: property
IT DOES NOT MATTER whose name is on the house. It does not matter whose money was used to buy the house . It does not matter if you never worked for one day.
If the house was purchased during the marriage it is marital property. It belongs to both of you. All the papers and all the soil could be in his name, the house belong to both of you.This applies to all property purchased by either of you during the marriage.If he files for divorce that may change what i have said.If the property is a gift my explanation does not apply.
The house is the marital home he cannot unilaterally kick you out.You have a right to reside there.