property settlement in divorce

[Carol Ann]

What is the name of your state? NY

My husband and I are planning to divorce and cannot agree on an settlement of property, which is the house and I need to know what the law is. I purchased the house 8/84 with my second husband, with my name solely on the deed. In May 1989, he passed away suddenly. I met my present husband and he moved in mid October 1991. We married in June 94.

I agree he is entitled to a percentage but he wants 50% or said maybe will settle for a percentage based on his moving in date.

The deed is in my name only and the mortgage is in both names.

How would I figure a fair percentage for both, based on the law?

I would like to propose a figure that would be based on the law so as to make this as amicable as possible.

 

[LdiJ]

What is the name of your state? NY

My husband and I are planning to divorce and cannot agree on an settlement of property, which is the house and I need to know what the law is. I purchased the house 8/84 with my second husband, with my name solely on the deed. In May 1989, he passed away suddenly. I met my present husband and he moved in mid October 1991. We married in June 94.

I agree he is entitled to a percentage but he wants 50% or said maybe will settle for a percentage based on his moving in date.

The deed is in my name only and the mortgage is in both names.

How would I figure a fair percentage for both, based on the law?

I would like to propose a figure that would be based on the law so as to make this as amicable as possible.

You really NEED an attorney.

However....a spouse is only entitled to a percentage of the equity/appreciation that accrued during the MARRIAGE....but you will also need to refinance to remove his name from the mortgage.

 

[Bali Hai]

What is the name of your state? NY

My husband and I are planning to divorce and cannot agree on an settlement of property, which is the house and I need to know what the law is. I purchased the house 8/84 with my second husband, with my name solely on the deed. In May 1989, he passed away suddenly. I met my present husband and he moved in mid October 1991. We married in June 94.

I agree he is entitled to a percentage but he wants 50% or said maybe will settle for a percentage based on his moving in date.

The deed is in my name only and the mortgage is in both names.

How would I figure a fair percentage for both, based on the law?

I would like to propose a figure that would be based on the law so as to make this as amicable as possible.

Hmmmm, could be a very sticky situation. Perhaps you next husband could help out.