Legal Question in Family Law in New York
Purchasing property before a legal separation
My wife and I have not been living together for the past 6 months. We do not have a legal separation agreement yet. I would like to purchase a new home. If I purchase this home now, will she be entitled to half when we do divorce?
3 Answers from Attorneys
Re: Purchasing property before a legal separation
Not necessarily half - but yes, she will have a claim to the home as a marital asset. The economic partnership ends only upon filing for divorce, or you may provide such terms by agreement. If you are contemplating divorce, you should consult with an experienced matrimonial attorney as soon as possible.
Re: Purchasing property before a legal separation
Unless and until one has a separation agreement and a subsequent divorce all acquired assets become marital property. Consult a competent divorce attorney before you act any further on a purchase of a substantial asset
Re: Purchasing property before a legal separation
All property acquired during the marriage (from date of marriage until and action for divorce is commenced) is marital property and is subject to equitable distribution.
Having established that something is marital is only half the problem, next your spouse would have to show some right to the property.
I suggest you consult an attorney.
Daniel Clement
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