He owned with ex prior to our marriage. We have been married 21 yrs and he says I have no claim to property. True or a False? Ny state.

All assets are in his name. What happens in case of divorce? NY is equitable distribution state but he put in will that I get 1/4 and kids get 3/4. We are retired so no salaries... only social security.

The will is in regards to death and has nothing to do with divorce.

Property Settlement in a divorce is a matter of negotiation as well as law. It should matter whose name the assets are in as long as it can be proven they are marital assets.

{Mod Note: I've merges your threads (under the proper forum) as they bear on the same issues.}

If he owned it before the marriage... its still his. Any assets acquired DURING the marriage, would be equally yours. Except for inheratances which remain the sole property of the individual who inherited them. This would apply to you as well as it would to him if you had any assets you owned before the marriage, which are not uncommon on second ot subsequent marriages as we get older and acquire things.


However it will likely have to be proven during the divorce procedings via documentation. And as they say, the devil is in the details.

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Originally Posted by littlepawz

He owned with ex prior to our marriage. We have been married 21 yrs and he says I have no claim to property. True or a False? Ny state.

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Describe the property? Are you referring to your marital home or some investment property?