Legal Question in Family Law in New York

shared property

I have been married for 12 years and am considering a divorce. However during the marriage we purchased a house from an organization called Syracuse Model Neighborhood and we must live here 10 years or the $20,000 grant will be added to the loan. We've been here 8 years so far. My wife purchased this home with her money butI have been paying half the mortgage until I became unemployed. Now she is threatening to sell the house and wants me to get out even though we have a baby with Down's Syndrome. Is this property considered joint property even though my name is not on the papers?


Asked on 8/14/04, 10:19 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: shared property

All property purchased during a marriage is "presumed" to be marital property.

However, the presumption can be rebutted; and the non titled spouse usually needs to show their direct or indirect contribution toward acquisition of the property. Heirship or gift property is "presumed" to belong to the related spouse.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 8/15/04, 4:25 pm


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