Legal Question in Family Law in New York

Property

I have recently filled for divorce, my husband will be served with the divorce papers any day now. We have 3 children 19/14/11, in the papers i am asking for cusdoy of the kids and the house. We have lived in this house for 6 years we have a 2 family house which my mother lives in the apt and she gave me money to buy our fisrt house 25,ooo and for this house she sold her and my fathers house and gave me 175,000 his parents gave us 35,000 when we bought our first home. I want my mother to get her 200,000 back and he could take the 35,000that was from his family and after the mortgage is paid off which is in my name only the deed has both of our names the balance left we would spilt 50/50. I have been working 2 jobs for 2 years now and he has not had any income since we moved into this house, he and i dont sleep in the same room he stays in the family room and watching tv and sleeps all day and night. I know that he feels that he is going to get half the house i just dont want my mother to loose her money, she has for the past 6 years paid the gas & electric bills and my car pmt and helped me out to buy food. His mother has pd the car ins & helps out with extras.Does he have a chance of 1/2 will my mom get her $$ back.


Asked on 7/06/04, 10:09 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Property

Any "short answer" you may receive here, based upon the info you provided would be irresponsible of the attorney giviing it; and would only "muck up" your relationship with the attorney already representing you.

Before it can be determined what your respective shares of your marital property should or will be. Both you and your husband will be (are) required to submit financials and documentary evidence of any outstanding loans or debts that you jointly or separately incurred to cover the purchase and maintenance of your marital property, assets and expenses.

Your attorney needs to review your financials, in advance and advise you of your options. Given the circumstances you describe, if you don't have an attorney, you SHOULD NOT be filing for a divorce action or responding to same without your own attorney to represent you in all phases of your divorce proceeding.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 7/07/04, 2:13 pm


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