What are my rights to the marital residence in my divorce?
Question Details:Married for 16 years and have an 11 year old daughter. Deed of house only in his name. If divorcing, what are my rights to the house?
If the house was bought during the marriage it is subject to equitable distribution in a divorce. Even if he bought it prior to the marriage, to the extent that you helped contribute to the increase in value of the house you could get distribution on the increase. This is commonly called "sweat equity". I am a NY matrimonial attorney. Give me a call if you would like to discuss the situation. It would be my pleasure to speak with you about the case. Darren M. Shapiro, Esq. 516-333-6555 www.NYAttorneyDivorce.com www.CriminalDefense1.com
Marital property is equitably distributed between the parties after considering the circumstances of the case and the parties. Some of the issues considered include the duration of the marriage and the need of the custodial parent to occupy the residence.
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