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?

Related Topics:
2 Lawyer Answers

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
Answered

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.