Legal Question in Family Law in New York

Will I lose my House???

I am looking to divorce my wife. We have been married 4.5 years. Four years before getting married I bought my house. The deed is in my name. I have made all the mortgage payments prior to and after getting married. We both have separate checking/savings accounts and pay our own bills, i.e.(credit cards car payments). We have no children together. My question is will there be a problem with me keeping the house when we divorce? Also who gets to stay in the house if we decide to separate while awaiting divorce?


Asked on 10/05/01, 9:22 am

2 Answers from Attorneys
John Hayes The Law Office of John M. Hayes

Re: Will I lose my House???

Assuming that the facts are exactly as stated, the house you purchased before the marriage _should be_ recognized as Non-marital property; that is, as yours, not subject to equitable distribution. There are probably at least 1/2 dozen "things" that might have taken place during the marriage that might make that status subject to dispute.

Good luck.

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 11/21/01, 4:46 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Will I lose my House???

You probably will not lose your house, unless perhaps if you represent yourself and screw it up.

Suggest you get yourself a lawyer who concentrates in Matrimonial Law.

For more information, please see my web site.

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Answered on 11/22/01, 10:42 pm


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