Legal Question in Family Law in New York

woman's right to husband's inheritance

I am not entirely certain what your question is.

If two people are divorcing, each spouse's share of their property is divided according to a fairly fact intensive set of rules. I recommend that you consult an attorney in NY and discuss your specific situation.

Generally speaking, anything which the couple acquired before marriage retains its character as separate property. Anything which the couple acquire during marriage becomes marital property, and must be distributed "equitably".

Equitable does not necessarily mean "equal". Who gets what depends upon many factors. If one spouse contributes to an appreciation in the value of the property, for example by managing the property, then that spouse is entitled to a percentage of its value.

Other factors which judges look at include: number of children, amount of child support, who takes care of the children, length of marriage, ability of each spouse to support himself or herself, and whether one spouse supported the other while s/he obtained an advanced degree during the marriage.

If my husband's mother inherits property, I am entitled to nothing, since I am not married to her.

Please consult an attorney about your specific situation. No one can give you legal advice without more information about your particular marriage.

Good luck,

Christina KallasAttorney at Law5009 BroadwaySuite 604New York, N. Y. 10034(212) 569-5779