Legal Question in Family Law in New York

Re: Purchase of property as a separate residence

File your Summons with Notice for Divorce, in Court FIRST!!!! You then have 120 days within which to Serve him with the papers. If unServed within that period, you can request more time from the Court to Process Serve.

Your Divorce is Commenced from the date of filing.

Although there is a filing fee for purchase of the index number (and it has recently doubled),

It is unwise to be "penny wise" and "pound foolish."

Upon filing, property acquired after, is deemed separate, although the money acquired before the filing may be considered marital, that is a rebuttable presumption.

GOOD LUCK.

PHROSKA McALISTER

Re: Purchase of property as a separate residence

What happened to the three prior divorce actions?

I need more facts. Such as, When did you separate? All money or property acquired during the marriage is presumably marital property. The house would also be marital property. Depending on when you separated the court may not find that he is entitled to any portion of it.

Need more facts. Call me toll free at (888) 688-4878.

Bryan J. Hutchinson

Re: Purchase of property as a separate residence

Congratulations on finally making the decision. If this is the 3rd time, then it must be the best thing for you.

When you file for divorce, your assets are analyzed and put into one of two groups - marital estate, or separate property. If the apt/coop is purchased with separate property, then it is all yours. If it is purchased with assets from the marital estate, then it is a part of the marital estate.

Its that simple. However, what is and what is not marital and separate property is more complicated.

The general rule is that all income produced during the marriage, from whatever source, is marital. Separate includes property you held before the marriage or property that came to you personally (inheritance or gift).

This is a 'quick/internet' answer. I would be happy to answer in greater detail.

You are welcome to a consultation with me for no fee at my offices at 42 West 44th Street. Please call for an appointment first, (646) 591-5786.