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I am separate but legally married to my ex .i bought i

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property 27 years ago .been...
I am separate but legally married to my ex .i bought i property 27 years ago .been married for almost 30 years.d things is that she is d only that on d tittle.do i lost all rights if she dies or divorce
Submitted: 6 months ago.Category: Real Estate Law
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1/2/2018
Real Estate Lawyer: Ray, Lawyer replied 6 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,242
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 6 months ago

n New York, property is divided equitably when a couple divorces. This can result in an equal property division, but it doesn't always. An equitable property division is one that is fair, considering what each spouse contributed to the marriage and what each spouse will need to move forward.

This article answers some common questions about New York's equitable distribution system. For more information, see the article New York Divorce: Dividing Property. For all of our articles on divorce in New York, see our New York Family and Divorce Law page.

What is equitable distribution?

Equitable distribution is a method for dividing a married couple's property when they divorce. Prior to the adoption of equitable distribution in New York, New York was a "common law property" state. Under that system, the property owned by either spouse was distributed at divorce according to the manner in which title was held. If only one spouse's name appeared on the title, that spouse received the property.

New York is now an equitable distribution state. When a couple divorces, the court must divide their marital property equitably, or fairly. This doesn't necessarily require an equal split of the couple's assets. Instead, the judge will strive for a fair outcome, considering:

  • each spouse's income and property when they married and when they filed for divorce
  • the duration of the marriage
  • each spouse's age and health
  • the need of the parent with custody to live in the family home and use or own its effects (furniture and so on)
  • the pension, health insurance, and inheritance rights either spouse will lose as a result of the divorce, valued as of the date of the divorce
  • whether the court has awarded spousal maintenance (alimony)
  • whether either spouse has an equitable claim to marital property to which that spouse does not have title, based on that spouse's contribution of labor, money, or efforts as a spouse, parent, wage earner, or homemaker, including contributions to the other spouse's earning potential (by, for example, working to put the other spouse through school)
  • the liquid or non-liquid character of all marital property
  • the probable future financial circumstances of each spouse
  • if the marital property includes a component or interest in a business, corporation, or profession, the difficulty of valuing that interest and whether it would be desirable for that interest to be retained intact, free from claims or interference by the other spouse
  • the tax consequences to each spouse
  • whether either spouse has wastefully dissipated marital assets
  • whether either spouse has transferred or encumbered marital property in contemplation of divorce without fair consideration, and
  • any other factor the court expressly finds to be a just and proper consideration.

What property is subject to equitable distribution?

Only marital property is divided by the court. Each spouse gets to keep his or her own separate property.

Marital property includes all property acquired by either or both parties during the marriage, regardless of the form in which title is held, subject to the exceptions below. Each spouse's income during marriage, the property purchased with that income, the property they purchased while married (such as a house or car), the retirement benefits each spouse earned during marriage, and the appreciation of all this property while the couple was married, is all considered marital property.

If you are married here when you bought the property the other spouse likely has a claim here as do you against anything they own.This is regardless of who is on the title.The court here may award you some offset if you have made all the payments.

I appreciate the chance to help you and wish you the best.

If you can positive rate 5 stars it is much appreciated/

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Real Estate Lawyer: Ray, Lawyer replied 6 months ago
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Real Estate Lawyer: Ray, Lawyer replied 6 months ago

In New York, a legal separation is available to a married couple that no longer wishes to live together. In contrast to simply living apart, legal separation formally sets out the rights and responsibilities for each spouse in matters such as child custody and support, spousal support and property division. The main difference between legal separation and divorce is that a a legal separation does not actually dissolve the marriage relationship and the parties remain legally married. In New York, a legal separation can by accomplished either through a written agreement by the parties or by going to court and requesting a judgment of separation.

If you legally separated through the courts then from that date forward you only have separate property here.

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Customer reply replied 6 months ago
What about she dies while we are married.do i get any compensation?
Customer reply replied 6 months ago
How much all total
Real Estate Lawyer: Ray, Lawyer replied 6 months ago

If you are not legally separated you would get your funds that you paid in here.The other spouse may agree to just give it to you.

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Customer reply replied 6 months ago
If she dies wold i be entitled for any property benefit?
Customer reply replied 6 months ago
While we still mariage
Real Estate Lawyer: Ray, Lawyer replied 6 months ago

You would if you are still legally married and proeprty has not been divided.

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Customer reply replied 6 months ago
Thank you
Real Estate Lawyer: Ray, Lawyer replied 6 months ago

You are so welcome thanks for rating 5 stars at top of page.Happy New Year.

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Customer reply replied 6 months ago
Final question.meaning if she pass away .i will benefit with d property as a legally married husband?
Real Estate Lawyer: Ray, Lawyer replied 6 months ago

Yes you would have an interest in her estate.

In New York, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great grandchildren. If you don’t, then your spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance

Example 1: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright -- those things are not intestate property. Bill also owns $350,000 worth of other property that would have passed under a will. Karen inherits $200,000 worth of that property -- that is, $50,000 plus $150,000 worth of the balance. The two children split the remaining $150,000.

Example 2: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $125,000 worth of Barrett’s property -- that is, $50,000 plus $75,000 worth of the balance. Barrett’s daughter inherits the remaining $75,000 share of Barrett’s property.

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Customer reply replied 6 months ago
Even if i am remove from this country would i have same rights as a husband?
Real Estate Lawyer: Ray, Lawyer replied 6 months ago

Yes if you are still legally married.

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Real Estate Lawyer: Ray, Lawyer replied 6 months ago

I wanted to thank you again and thanks for rating 5 stars at top of page .Your business is much appreciated.

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