Legal Question in Family Law in New York

Spouse's family tries to take possession of home.

Home was aquired during marrige. One party's name on the deed for the home. Now with the divorce at hand, the deed holder tries to give the home over to other family member. Trying to basically write the spouse out of the home. what happens in this case? The divorce proceedings havent even started yet, and they are already getting the home.


Asked on 3/18/04, 9:01 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Spouse's family tries to take possession of home.

Get thee to a lawyer ASAP!!!!

You may need to file an Order To Show Cause with your divorce complaint, to immediately enjoin the transfer of your home, the marital property.......or, to demand the return of the marital property, if the recording has been completed, for distribution between you and your husband.

However, be prepared to prove your contribution to acquisition of the property.

If his family provided the assets for its acquisition; or if the property was purchased from a family member, you may have a more dificult time of it.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ

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Answered on 3/18/04, 9:13 pm
richard feldman richard d. feldman

Re: Spouse's family tries to take possession of home.

You should move quickly to stop any sale and/or reverse a sale if it has already occurred.

Time is of the essence.

Call me at 516 410 4001 for free consultation.

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Answered on 3/18/04, 9:56 pm


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