Legal Question in Intellectual Property in New York

property law in new york state

If I own a house in new york state and my name only is on title can my wife get the house in a divorce settelment even if married less than 1 year. even if there were alligations of domestic violence.


Asked on 4/17/07, 10:14 am

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: property law in new york state

Your wife is entitled to half of the marital property. If you owned the house before you married her, and can show that the asset did not increase in value from the date of the marriage to the date of the filing of the divorce, and that no marital assets were spent on the upkeep of the house, then you do not have to worry about having to share any portion of the procceeds of the sale of the home or its value with her.

You would be well served to get your own attorney to fight your action and to assure that your spouse does not get money and property she doesn't deserve.

By the way, the Domestic Violence does not change the 50/50 split, but you can sue her for damages to you for being violent against you, and that might back them off the demand for the house.

Good luck.

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Answered on 4/17/07, 11:13 pm


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