Brooklyn, NY asked in Divorce for New York

Q: I’m thinking about filing for divorce we have a coop but I’m not on the deed but it was purchase during the marriage

Also I’m in the process of moving out would this be considered abandonment and could exclude me from getting my share of our home or other properties?

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2 Lawyer Answers
Theodore Alatsas
PREMIUM
Theodore Alatsas
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: The Domestic Relations Law essentially says that anything acquired during the marriage is considered marital property, regardless of whose name the title is in, and makes that property subject to equitable distribution (this is how property is divided in a divorce). If you were to move, it would not necessarily preclude you from getting your fair share.

1 user found this answer helpful

Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Commack, NY
  • Licensed in New York

A: Anything purchased during the marriage is marital. Doesn't matter whose name is on the title or who lives there.

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