Legal Question in Civil Litigation in New York

Re: Divorce

NY is a grounds state. In other words, you must have grounds to obtain a divorce. Among other, abandonment for over 1 year is grounds for divorce.

If there are grounds for a divorce, a spouse is entitled to equitable distribution. Generally, grounds do not affect an individual's right to equitable distribution.

Real property purchased during the marriage is subject to equitable distribution. Equitable does not mean 50%. It means fair. The fact that you supported the property (payment of taxes, insurance and mortgage) for over a year may be used toward determining equitable distribution. There are many other factors, however, this is not the format to discuss all.

Finally, can she make you sell it? Certainly, she can make you account for her marital asset, whether it is a sale to a third person, your purchase of her marital share, or some combined option in the future.

Mike.