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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117348
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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There, NYC, I havn't but she may have, ok, give you a quick

Customer Question

hi, there
JA: What state are you in? It matters because laws vary by location.
Customer: NYC
JA: Has anything been filed or reported?
Customer: I havn't but she may have
JA: I'm sorry but I'm not sure we have an expert who covers what you are looking for. Maybe if you give me more details I will find you a connection to someone who can help you.
Customer: ok, give you a quick description my wife and I are married in China in 2011. She obtained H4 visa via me. then we got marriage certificate again in NYC in 2014
JA: Welcome! How can I help with your legal question?
Customer: I lived in the states from 1997 to 2015 she was a student without income. i work full time I bot a condo in brooklyn, NYC. I put her name on the title, while putting myself on the mortgage. I also have cash in my bank account about 265k now she is trying to take all or at least what she can get. I need to know what my options are
JA: Has anything been filed or reported?
Customer: i am not sure. its possible that she filed on in the past couple of days didn't get any notice yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: i want to know whats the best why to protect myself. I already filed a divorce in China a couple of month ago. but the law doesn't govern my property in NYC also, I am currently in China ok
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under US law regarding division of marital property, once you put her name on the title to the condo, you made her a joint owner of an indivisible 1/2 share of that condo. If you put her name on any bank accounts she is a joint owner of the funds in that account as well. NY law divides property in a divorce based on equitable distribution, which the courts take to mean they start with the idea of dividing the property 50-50 and unless there are significant facts that warrant changing that percentage they will divide it as close to 50-50 as possible. Marital property in NY is any property that you acquired during the time you were married or any property that your spouse's name has been put on. So under NY law she would be entitled to 1/2 ownership interest in the condo, even if your name is ***** ***** one on the mortgage because they look at the deed and not the mortgage for ownership. This means you could have to either buy out her share of the equity in the condo or you have to sell the condo and split the proceeds after paying off the mortgage. You are going to have to negotiate some settlement on how to divide the marital property with her that you can live with.