Legal Question in Family Law in New York

Seperate Property Distribution

Married Oct 27,2001- House was a gift to husband April 2001 by mother. Both of us paying all the bills-mortgage etc.. since marriage. We have a written non-notorized agreement that I would recieve half of what ever the house appreciated to since time of marriage. EX. House was worth 350k at time of marriage and now at time of divorce is worth 550k- I would get 100k. Do you think this will hold up in the court? We have 2 written agreements that say the same thing and both are signed by us. Can you please email me letting me know what you think. Thank you so much. --name removed--


Asked on 3/24/04, 5:47 pm

2 Answers from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Seperate Property Distribution

Even if the agreeements lack the fomality required for an agreement of this type, it would certainly be evidence of your intent regarding the distribution of the property.

Daniel Clement

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Answered on 3/25/04, 11:25 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Seperate Property Distribution

You have a good chance of receiving 50% of the appreciated value of your marital home. Which home was aquired by gift during the marriage, but was maintained and contributed to by both you and your spouse.

Case law and the signed agreements referenced, both will likly support your claim for same.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ.

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Answered on 3/24/04, 10:50 pm


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