Question:
I am going through a divorce in the state of NY. I am seeking 50/50 of all marital property, joint legal and physical custody of 2 minor children. There are 4 main real estate properties which were acquired during the marriage, one is main residence and the other 3 are rental properties. Spouse claims that since I earn less and cannot prove that I contributed 50% financially to the 4 properties (even though I did), he can claim in court that he should get all 4 properties or more than 50%. What are my chances that the court will grant me 50% of the value of all 4 properties or at least the marital home. Thank you.
Answer:
In general, all marital assets and debts will be equally divided. The law in NY requires an “equitable” or fair division of the marital estate, which usually means equal. There is no credit to your spouse’s argument that because he earned more money, he will receive most of the assets. You definitely need to consult with an attorney and make sure you know all of your rights as well as your obligations. Do not allow bullying to dictate how you resolve your case.
This educational legal blog was brought to you by Avvo and answered by Jean Mahserjian, an experienced New York family law attorney located in Saratoga County. Our law office has been helping residents with complex divorce issues for over 25 years.
