Legal Question in Real Estate Law in New York

what is the spouse entitled too

my wife of 39 years was given her mothers house to split with her brother upon her mothers death.this was done 15 years ago.now that the house is sold are the proceeds under n.y. law equal between husband and wife,or as her lawyer suggest,since it was a gift the husband ,me, is not entitled


Asked on 9/16/05, 4:30 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: what is the spouse entitled too

I agree with your understanding of what you were told.

In NY (and most states) "Heirship" property is presumed to be "Separate" property.

It is not "Marital" property, (because it was not acquired through aegis of either party to the "economic partnership." As a result, it is not generally subject to "Equitable istribution" under the Domestic Relations Laws, in NY.

However, a non titled spouse may be entitled to receive compensation or imbursement for actual direct and indirect contributions to the appreciation of the value of a spouse's "Separate" property.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 9/19/05, 3:54 pm


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