divorce and what who is entitled to

@deeken (73)
United States
February 4, 2009 7:29am CST
if a married couple were getting divorced and they have a house , there both names are on the mortgage and home equity loans but only 1 of them was on the house title been married since 2001. together since 1998 is the wife still entitled to anything or is she basically at a lose for anything at time of divorce, the husband is claiming she gets absolutly nothing but her belongings we are in New York state
1 person likes this
2 responses
@palonghorn (5486)
• United States
4 Feb 09
It's actually for the lawyers and judge to say. However, one determning factor, even though the loans/mortgage are in both names........which one can afford the payments? Because whoever gets the house will also get all the payments changed over to their name. Also it depends on when the house was actually purchased, during marriage or before? and if New York is a community property state.
@deeken (73)
• United States
4 Feb 09
new york is a equitable distribution state when relating to marital property the house was purchased in 1998 , we married in 2001
• United States
4 Feb 09
Since the house was purchased prior to the actual marriage, he may be able to keep it, if he's got a good lawyer, I would almost bet on it. Sorry, I've been through 3 divorces with varying amounts of assets to be divided.
@deeken (73)
• United States
4 Feb 09
the house was puchased before marriage and then refianced during the marriage I think new york is equitable distribution state not sure what this means
@ds6413 (2073)
• United States
5 Feb 09
Hi, hopefully she has a good lawyer. It depends on the state they live and what the laws are dividing their poperty. My ex-husband tried the same with me but I stated in the divorce since he abandonned me and filed I wanted him to pay my attorny's fees. His lawyer put a stop to our first divorce but we ended up divorcing a couple years later. I just wanted my freedom so I got my personal property and my car and he got his car and his own personal property.We had no kids or a house,we rented.I could have asked for half of his retirement but I was so tired of fighting I wanted my freedom and did not want any contact with him so he has no idea where I am.If I would have asked for half of his retirement I'm not sure if I would have had to stay in contact with him and I DID NOT want to speak with him ever again. Your friend might have to take an inventoy of property aquired during the marriage,meaning jewlery..how it was paid for and if it was a gift.Books,furniture, any little thing.Cars,applainces,pets,children.Everything.Finances,bills,bank information. I hope your friend has an attorney.