My husband and I are getting divorce in New York state
We own a home, his name is on title mine is not
But my name is on the mortgage loan and home equity loan
He pruchased the house in 1998 and we were married in 2001
He is telling me I am not entitled to a penny since I am not on title, is this true?
Also, it was suggested I go to county clerk today and file a lien a release of liabilty

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Originally Posted by De712

My husband and I are getting divorce in New York state
we own a home, his name is on title mine is not
but my name is on the mortgage loan and home equity loan
he pruchased the house in 1998 and we were married in 2001
he is telling me I am not entitled to a penny since I am not on title, is this true?
also, it was suggested I go to county clerk today and file a lien a release of liabilty

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In NYS even if you are not on the title you are entitled to the increased value of the real estate during the term of the marriage. For example, if the house was valued at $100,000 in 2001 and is now valued at $200,000 you are entitled to a portion of the increase.

Of course, in this market I don't know if that is likely.

I would file nothing until I spoke with a good matrimonial Attorney. Why would you file anything when you don't know your legal rights?

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Originally Posted by JudyKayTee

In NYS even if you are not on the title you are entitled to the increased value of the real estate during the term of the marriage. For example, if the house was valued at $100,000 in 2001 and is now valued at $200,000 you are entitled to a portion of the increase.

Of course, in this market I don't know if that is likely.

I would file nothing until I spoke with a good matrimonial Attorney. Why would you file anything when you don't know your legal rights?

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I am seeing a new lawyer tomorrow and have all my questions written down so I do not forget any of them, my mind has been a big fog the past few weeks, as my husband keeps calling and telling me things, I know I should not listen to him
Thank you for replying

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Originally Posted by De712

I am seeing a new lawyer tomorrow and have all my questions written down so I do not forget any of them, my mind has been a big fog the past few weeks, as my husband keeps calling and telling me things, I know I should not listen to him
thank you for replying

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Sure, let us know what the Attorney says. I don't know in this economy how increased value of property is being handled in divorces.

I went through a divorce and know all about the fog thing. Sounds like your husband is just trying to rattle you.

I guess you are right about hubby
He also says he wants me to continue living in house with him after divorce , thinking maybe we can become friends and then remarry
Not I , 3 yrs of being ignored here
He had spine surgery 2005 and since he was left unable to return to his job he became another person
Shut me out for 3 yrs. I got tired of feeling like a piece of furniture
We also have 2 cars he said he is taking my car from me, yes it is titled in his name , I have bene the only driver of this car since 2005 not sure if he can do this or not
I did pay a lawyer back in December that has yet to do anything but talk by phone
I told him yesterday I want my retainer back he is sending me a check deducting phone calls
Which were may 30 minutes in total, so tomorrow I will have to pay yet another retainer