Legal Question in Family Law in New York

Property

Prior to marraige I owned a home and had my own savings account and after married I received an inheritance. I used both the money from my inheritance and some savings to purchase land which also includes a duplex retal income. I sold my home and put that money along with taking out a morgage in my name only and bought a modular ranch to be placed on the same property lot. I made payments with both our income for about 3-4 years and then paid the balance off with my savings. Right from the very start my husband has stated that it is my home. He refused to have his name on any of it and says it is mine. The problem I have with this is that LEGALLY I do not believe this to be true. If we should split he could get his digs it this right? We have not split and probably wont but he treats me like a stupid woman. He owns his own business prior to our marraige so no part of that is mine. He states we dont need a will. I feel we do, he has vulture children.I want to know if I got divorced or he died today would I have to fight for my home?


Asked on 6/05/04, 10:27 am

2 Answers from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Property

You need to have your own lawyer, who can examine your financials in detail and advise you re all of your rights and obligations concerning your separate and marital property.

You should have your own will;you may file separate tax returns, and do all of those things that you and your counselor decide are in your best interests. You are not subject to your husband's " rule" in any matter and do not need "his" permission,

Stand up for yourselF... ALSO, you should get counseling for your self esteem issues.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 6/05/04, 10:43 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Property

If you died today without a will, your husband will get the house (assuming you do not have children together, if you do, YOUR children would own it also--not step children). If you split, it appears that you have done everything correctly by keeping those monies separate and deeding house in your name alone. He may be entitled to a portion of the increase in value of the house if he contributed to it (made improvements, etc) but not just because it's value increased due to RE market. The same goes for his business, if you have contributed to it in some way, you may be entitled to a portion of the value.

You do not sound like a "stupid woman" to me! Suggestion: Get a will and/or why not put the house in a trust?

Email me if you would like info on this.

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Answered on 6/05/04, 11:15 am


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