Long Island’s Best Divorce Lawyer said this appeal is from an order which denied the Plaintiff’s motion seeking a determination that he is entitled to $143,000.00 from the sale of the marital residence located in Indiana. The Plaintiff claims he was entitled to the sum because it was a contribution from separate property.
The two parties were married in New York, but subsequently settled in Indiana. A prenuptial agreement was entered into by the parties. The Defendant filed the divorce action in Indiana. While the divorce action was pending the Plaintiff commenced an action in New York seeking “a determination of his separate property and the parties’ marital property pursuant to the terms of the Agreement.” Under New York law, a spouse is “entitled to a credit for his or her contribution toward the purchase of the marital residence.” This would include the Plaintiff’s contributions which would be “directly traceable to separate property.” Despite the fact the parties held the title jointly as a marital residence the Appellate Division reversed the Supreme Court.
For individuals that wish to protect their personal assets in the event of a divorce a prenuptial agreement is advisable. The experienced attorneys at Simonetti & Associates are here to assist you in the process of drafting such a document.