Legal Question in Family Law in New York

Rights to home, not owned, during Divorce

My wife and I are in the process of getting divorced after being together for almost 19 years (7 years married). In 2004, her parents purchased a home for us to move into because my wife was pregnant at the time. It was often told to us that it was our home and in a few years, they would turn the house over to us. This is something that they have done for all 3 of their children. The house in her parents(Mother's) name, but my wife and I have been paying rent/mortgage of $1400/month since 2004. I have paperwork showing the breakdown of the payments or amortzation schedule, but nothing was ever signed. I understand that it was a verbal agreement and not binding, but I'm concerned about my options and what they might do because we are going through the divorce process. Any way I look at it, it is a horrible situation. I left a great Job at Metlife to start a business thinking I had her support and this happens. Also we have a 3 year old son, but that is another story. I guess my question is, if they(her parents) decide to throw me out, what options do I have? Do I have any grounds or should I start packing my bags immediately even though I have no place to go?


Asked on 2/17/07, 8:52 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Rights to home, not owned, during Divorce

You will definitely have a problem asserting a claim against the house, but you should provide all of the details to an attorney experienced in matrimonial and real estate litigation to decide how to make your best case to recapture at least some of the equity you contributed. It sounds like you also need to figure out where you stand with respect to custody of your son. You should meet with a qualified attorney ASAP; feel free to call my office to schedule a consutlation..

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Answered on 2/17/07, 9:16 pm


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