David’s answer: Generally all property bought before the divorce is actually filed is considered "marital property." That said, the Court can absolutely consider whether the house was bought during a period of physical separation as impacting the percentage she would receive of the equity value. Furthermore, a similar analysis is done for debts. If he incurred debts during a period of physical separation, by statute they are still characterized as marital debt until the divorce is actually filed. However, the Court is no obligated to assess you with 50% of the debt - instead the Court will determine what is "fair" pursuant to the laws of Equitable Distribution. -- David Bliven, Bronx Divorce Attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
Friday, January 4, 2013
Is spouse entitled to share property?
Q: If I bought a house when I was separated from my spouse will my spouse be entitled to a share of that property during the divorce. It was purchased when separated and only my name is on the title. Also if he gets sick during separation can I be held responsible for his medical bills.
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