Legal Question in Family Law in New York

I reside in NY and am recently considering a sepration/divorce. We have been married for 10 years (both second marriages; have 1 child together). We both owed homes prior to our marriage. I have owned my home (which is in my name and not his) and have been paying a mortgage for 15 years. He has resided in the home for 10 years. During the first year of marriage, I payed 100% towards house as he still owned his home and was making payments on that. Upon the sale of his property, he payed off some previous debts and deposited the remaining money into an account in his own name. There have been no major renovations to my home (aside from a deck and patio). What percentage of the equity from my house, if any, is he entiltled to upon divorce? I don't believe he is entitled to any but he insists that he is entitled to 50%.


Asked on 10/31/11, 12:07 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

This question is too complicated for this limited question website; however, NY is an equitable distribution state; therefore, it is not 50 50 in all circumstances. Here is something to keep in mind, you get an equitable share of the increased value of her husband's house -post marriage- on divorce. It goes both ways.

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Answered on 11/03/11, 1:02 pm


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