Legal Question in Family Law in New York
relinquish of property
I need to move out of my house and away from my husband. The house title has both our names on it. I cannot discuss the separation with my husband because I am afraid of his possible violent reaction. If I move out of the house, taking our 17 year old daughter with me..she is voluntary going, do I relinquish all my rights to contents and ownership of half the house?
2 Answers from Attorneys
Re: relinquish of property
You will not relinquish your right to the property. as long as the propert was purchased after the marriage under NY law any property accumulated after marriage is divided equally among spouses regardless whose name is on the property or account.
if you would like to discuss this matter further please contact my office.
Shawn Kassman
Re: relinquish of property
You do not relinquish any rights by moving out of the house. New York's equitable distribution law gives no effect to such an action by one party in a marriage.
Property is divided based on a reasonably simple analysis of whether that property pre-dated the marriage or not.
If you'd like to discuss the matter further, or arrange a consultation, please feel free to get in touch.
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