Help !!!!

What is the name of your state? New York

I was wondering what my rights would be if my spouse were to end our marriage under false pretense. In other words, he feels that this relationship is non existent, that there weren't any chemistry from day one. We've been together for almost eight years, only married for almost three of those years. Thankfully there aren't any children involved, but there is a house that we purchased together a month before we got married. What happens with that? I just want to prepare myself if this does come to an end, not by any choice of mine.

Desperately seeking advice ....

annascav...

Sorry to hear about your problems. If NY is a no fault state...you don't need any pretense...false or otherwise. Even if fault was necessary...mental cruelty is the catch all of the past that everyone fell back on. Fortunately there are no children involved

If your house was purchased together and titled jointly I assume, you will be entitled to your fair share of the purchase price and any appreciation. In some situations even if it isn't titled jointly you would have a claim on your contribution and any appreciation if marital assets were used to maintain it and pay for any mortgage and you could document your non marital down payment. What your share will be and how it will be divided depends on the details of how it was paid for, financed, improved, etc. If one of you wants to keep the house, and you can afford to do so, a buyout or secured settlement note may be possible. If you have substantial capital gains on this house (more than 250K), make sure you preserve both you and your ex's capital gains deduction for a total of 500K in tax free gains. To do so..make sure the home is transferred pursuant to a final decree that specifically includes proper wording. Just remember...you are considered divorced for the full tax year regardless of when you divorce...so make sure you pro rate all expenses, taxes, mortgage payments...etc. Start collecting all your financial records and keep them in a safe place...there may be more than just the house involved. Good Luck.

MFinancier said:

annascav...

Sorry to hear about your problems. If NY is a no fault state...you don't need any pretense...false or otherwise. Even if fault was necessary...mental cruelty is the catch all of the past that everyone fell back on. Fortunately there are no children inviolved

Click to expand...

IF?
IF New York is a fault state?

You can't be bothered to look it up? And yet presume to give advice?? Puh-leeeeze.

Guess what? 6 different grounds for divorce in NY state. NY IS a fault state. Quite complicated to get a divorce in NY. There has to be all kinds of PROOF for those fault allegations, too. And "mental cruelty" ain't one of them. The wording is different now.

OR a person could go some of the other options in NY:

"Four of the "grounds" are based on the "fault" of one of the parties cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery. The other grounds one year of living apart under a separation judgment granted by a Court, or under a separation agreement signed by the parties, enable us to obtain a "no-fault" divorce, in which neither spouse is judged to be at fault, provided that the spouse seeking the divorce has substantially complied with the provisions of the judgment or agreement."
http://www.divorcenet.com/states/new_york/nyfaq08

Results of about 60,700 for "Grounds for divorce" AND "New York". (0.29 seconds)

Whew. So tough.

MFinancier said:

annascav...

Sorry to hear about your problems. If NY is a no fault state...you don't need any pretense...false or otherwise. Even if fault was necessary...mental cruelty is the catch all of the past that everyone fell back on. Fortunately there are no children involved

If your house was purchased together and titled jointly I assume, you will be entitled to your fair share of the purchase price and any appreciation. In some situations even if it isn't titled jointly you would have a claim on your contribution and any appreciation if marital assets were used to maintain it and pay for any mortgage and you could document your non marital down payment. What your share will be and how it will be divided depends on the details of how it was paid for, financed, improved, etc. If one of you wants to keep the house, and you can afford to do so, a buyout or secured settlement note may be possible. If you have substantial capital gains on this house (more than 250K), make sure you preserve both you and your ex's capital gains deduction for a total of 500K in tax free gains. To do so..make sure the home is transferred pursuant to a final decree that specifically includes proper wording. Just remember...you are considered divorced for the full tax year regardless of when you divorce...so make sure you pro rate all expenses, taxes, mortgage payments...etc. Start collecting all your financial records and keep them in a safe place...there may be more than just the house involved. Good Luck.

Click to expand...

thanks for the definitive info....

annascav

Please note "Silverplum's" post in regards to your concerns about grounds for divorce in NY. I'm not sure it anwsers your real question concerning the ability of your spouse to unilaterally proceed with the divorce...with or without grounds...and the likely hood of his success, but hopefully he will follow up with some more useful advice to you directly. Anyways, I hope I helped with your questions concerning the house. Anyone else who wants to add anything is welcome!

MFinancier said:

annascav

Please note "Silverplum's" post in regards to your concerns about grounds for divorce in NY. I'm not sure it anwsers your real question concerning the ability of your spouse to unilaterally proceed with the divorce...with or without grounds...and the likely hood of his success,

Click to expand...

Ultimately, if one partner doesn't want to be married, he can get a divorce. He could try 'cruel and inhuman treatment. If that fails, they file for legal separation and then a year later, they file for divorce.

annascav

Once again..please note "fairisfair's" comments...and hopefully recognize that complete and accurate financial information is not always available to provide definitive responses. Who paid what amount of the downpayment, how your home was financed, who and how the expenses, taxes and mortgage payments were paid, will the house be sold or will you keep it, will the house have to be refinanced and will you have the assets to buy out your ex or will you have to arrange for a secured settlement note are all examples of information necessary to provide senarios for the different options available to you. Without details that would take unlimited responses to ascertain, most advice unfortunately is meant to be more general and helpful in nature than definitive. Ultimately for legal issues you should contact a family law attorney and for financial issues you have the option of contacting someone who specializes in divorce finances. All advice here is free...and naturally subject to debate and constructive criticism. I hope others will direct any useful advice they may have to you directly.