Legal Question in Family Law in New York
Purchasing a dwelling during a divorce
If a husband has been served divorce papers and does not respond and is now in default, can his wife go out and purchase a house of her own without him having any claim to that property? Or would he have a legal right to half that house. They do own the house they are presently living in but he is extremely abusive and the wife and 3 small children under 5 are living in extreme stress
2 Answers from Attorneys
Re: Purchasing a dwelling during a divorce
I agree with Mr. Markowitz.
If you have any other questions, please feel free to contact me.
Re: Purchasing a dwelling during a divorce
Under DRL 236B, marital property is "all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action ...."
The house purchased after the action was commenced would be deemed separate property. HOWEVER, if marital funds were taken and used to purchase the property, the house would still be deemed marital until there is a Judgment.
By the way, if he is in default there should be no reason why you can finish the divorce and receive a Judgment.
Mike.
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