Divorce: New York

Divorce: New York

Tag Archives: Mortgage

Wife Denied Separate Property Credit Against Home Deeded By Her to Herself and Husband

Posted in Equitable Distribution
Six years before the parties’ marriage in June 2000, the wife became the sole owner of real property, which would later become the parties’ marital residence. At the time of marriage, the wife owned the property free and clear of any liens or encumbrances. In 2005, apparently in an effort to consolidate debt, the husband… Continue Reading

Credits on Divorce for Using Marital Funds for Separate Property Assets

Posted in Equitable Distribution
The August 21, 2013 decision of the Appellate Division, Second Department in Patete v. Rodriguez may have expanded the credits available to the non-titled spouse when marital funds are expended on a separate-property asset. When New York adopted its Equitable Distribution Law in 1980, courts were now longer bound by which spouse held title to… Continue Reading

Husband in Divorce Action Ordered to Refinance Home, or Pay Off Half of Mortgage Balance

Posted in Equitable Distribution, Temporary (Pendente Lite) Relief
In order to prevent the foreclosure of the marital residence, a court in a divorce action, and prior to judgment, may order the spouses to cooperate with a refinance application. Moreover, if the property is not successfully refinanced, the court, before divorce judgment, may compel a spouse to satisfy (at least) one half of the… Continue Reading

Payment of Husband’s Pre-marital Support Arrears Results in Equitable Distribution Credit to the Wife

Posted in Equitable Distribution
Distinguishing the 2009 Court of Appeals decision in Mahoney–Buntzman v. Buntzman, the Second Department, in its October 24, 2012 decision in Levenstein v. Levenstein, has held that if marital funds are used to pay pre-marital support arrears, the non-obligated spouse may be awarded a credit towards equitable distribution. In 1995, before the current marriage, Mr.… Continue Reading

When Mortgaging the Marital Residence Is Necessary to Pay Temporary Support

Posted in Counsel Fees, Maintenance, Temporary (Pendente Lite) Relief
The May, 2011 decision of the Appellate Division, Second Department, in Many v. Many, seems, at first blush, to be a rather routine matter. While their divorce action is pending, the interests of the parties are balanced. However, below the surface lurk issues which highlight the frustration and anxiety which spouses must feel as their case is… Continue Reading

“Gross (Total) Income” for the Purposes of Child Support and Temporary Maintenance

Posted in Child Support (C.S.S.A.), Maintenance, Tax Matters, Temporary (Pendente Lite) Relief
Have you looked at an IRS Form 1040 (pdf) lately? Looking at the 1040 is supposed to begin the C.S.S.A. calculation for determining child support.  For actions commenced on or after October 13, 2010, it is also the first step when determining temporary maintenance. When computing child support under either the Family Court Act or the Domestic Relations… Continue Reading