Legal Question in Family Law in New York

You are entitled to equitable distribution for the marital asset.

Mike.

Hi there,

The answer is Yes--you are entitled to seek equitable distribution of this house.

With regards to how the $100,000 will be treated (ie. will your wife receive a "credit" for this $100,00 prior to the remaining equity being divided), depends on the specific circumstances as to how she or you received the $100,000 gift. Was there a gift affidavit and to whom? Was it a check paid to your wife? Was it a deposit made by her father to your joint bank account? For example, if she can trace back the $100,000 to show that it was a gift by her father to her only, then she may be entitled to a credit. If the $100,000 appears more to be a gift that the father gave to both of you to buy the house, then you can argue that there should be no credits.

Keep in mind that "equitable distribution" in New York does not necessarily mean "equal" (50/50). The ultimate outcome of equitable distribution will depend on the specific facts in your case.

Consult an attorney to discuss the details in your matter.

Sincerely,

Leta Liou, Esq.

The Law Firm of Liou & Maisonet, PLLC

124 Nassau Street, Suite 2

New York, New York 10038

(646) 587-0188

[email protected]

www.DivorceInNYC.com