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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I live in NY and have been in the process of getting

Customer Question

I live in NY and have been in the process of getting divorced for almost 4 years. To date my soon to be ex wife hasn't paid a penny to the mortgage or any of the bills. The house is being sold in under two weeks and she want's 50% of the proceeds. What is she entitled to since she hasn't contributed one penny?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.


This is Samuel and I will discuss this and provide you information in this regard

It is going to depend on why she has not contributed to the mortgage?

Has she ever contributed? Does she work? Is she a stay at home Mom? How long was the marriage?

Expert:  Samuel II replied 2 years ago.

Is she on the Deed of the property? Was it bought during the marriage or before?

Expert:  Samuel II replied 2 years ago.

All of these things will matter because the court has a criteria it evaluates when deciding the equitable distribution of the marital property

  1. The income and property of each spouse at the time of the marriage, and at the time of the divorce;
  2. The length of the marriage and the age and health of both spouses;
  3. If there are minor children involved, the need of the spouse who has custody of the children to live in the marital residence and to use or own its household contents;
  4. The loss of inheritance and pension rights of each spouse because of the divorce;
  5. The loss of health insurance benefits of each spouse because of the divorce;
  6. Any award of support or maintenance the court will be making;
  7. Whether one spouse made contributions to marital property that the spouse does not have title to; for example, where one spouse helps the other spouse increase their ability to earn more money by getting a degree, license or certification;
  8. The liquid or non-liquid character of all marital property (“liquid” means that the property can easily be converted to cash);
  9. The probable future financial circumstances of each party;
  10. The impossibility or difficulty of determining the value of certain assets, like interests in a business, and whether one spouse should be awarded the business so it can be run without interference by the other spouse;
  11. The tax consequences to each party;
  12. Whether either spouse has wasted or used up any of the marital property while the divorce was ongoing;
  13. Whether either spouse transferred or disposed of marital property at less than market value, knowing that the divorce would be happening.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you