Deed on husband and/or his parents Mortgage and Personal Loan liens signed by husband only.

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   Jayson LutzkyPro

   Bronx Divorce / Separation Lawyer

   Contributor Level 20

   

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   Answered February 23, 2013 17:24. Consult with an experienced divorce lawyer and complete a statement of net worth. Your attorney can go over the entire financial situation with respect to the equitable distribution of marital assets and debts. Appraisal of the property will be necessary.

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2. Licensed in NY

   

   Matthew TannenbaumPro

   Garden City Real Estate Attorney

   Contributor Level 11

   

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   Answered February 24, 2013 07:02. Mr Lutsky gives good advice. Generally any property acquired during the course of a marriage becomes marital property. Your ownership would still be subject to any liens or encumbrances on the property, including the loan from your in laws. Your facts seem to indicate that there may not be any equity in the property if you take the in laws loan into account. The real question is whether despite the in laws loan to your husband are they treating it as a " de facto " gift. Good-luck.

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   Richard ChertockPro

   Melville Real Estate Attorney

   Contributor Level 15

   

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   Answered February 25, 2013 07:02. You need to consult with a divorce attorney. While you may be entitled to some share in the property it is not automatically 1/2 as you seem to indicate as New York is not a community property state. New York is an equitable distribution state which basically means a judge can divide assets in any mannor he feels is fair and equiatable given the circumstances of the parties. In this case there may not be any equity in the home so there may not be anything to split up. Consult with a divorce attoreny immediately.

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