Understandably, you are likely emotionally tied to your family home. And the thought of losing it in your divorce proceedings can be devastating. Rest assured, New York follows equitable distribution laws. This means that in the property division decisions in your divorce proceedings, a judge will determine a fair and just way to issue your marital assets, including your family home, between you and your spouse. Continue reading to learn whether you will lose your family home in your divorce and how an experienced Suffolk County property distribution lawyer at Peter V. Mandi & Associates, Inc. can fight on your behalf.
Will I lose my family home if it is considered exempt property?
Insinuated in the name, exempt property is excused from the equitable distribution process.
For your family home to be considered exempt property, it must have been bought or owned by either you or your spouse, but not the both of you, before your marriage. This means that only one name appears on the title, which distinguishes the sole owner of the property. So, by New York law, if your name is not the one on the title, you may, unfortunately, lose your home.
It is important to understand that your home may also be considered exempt property and under the sole ownership of your spouse if any of the following circumstances are deemed as true:
- Your spouse was given your home as a gift.
- Your spouse inherited the home.
- Your house was excluded from the marital estate in your prenuptial agreement.
Will I lose my family home if it is considered marital property?
Contrastingly, marital property is included in the equitable distribution process.
Your family home will be considered marital property if it was bought or acquired during your marriage. With this, you may not necessarily lose it in your divorce. Instead, a judge will assign value to your home and equally distribute it between you and your spouse.
If you want to keep your home, you can arrange a buyout. This is only best if you can afford to buy out your spouse’s equity. This is because you will have to refinance the loan and place it only in your name, and also give your spouse their share of the equity.
Or, if you are still amicable with your spouse, you can continue to co-own the home. This is ideal if you share children that would benefit from staying in the same home.
If you require more information about the options available to you, it is necessary to reach out to a skilled Suffolk County contested divorce lawyer as soon as you possibly can.
CONTACT OUR FIRM
If you require strong and dedicated legal representation through a divorce or family law matter in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today.