That is not a question that can be answered based on what you wrote. You need to consult with a matrimonial lawyer.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
You generally have lots of rights, but if you've been "in court for almost 2 years" you may have compromised some or all of them already. The only way to truly evaluate your rights, options and obligations at this point would be for you to have a confidential consultation with a local attorney who can review all the history of the case and all the relevant documents, etc. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: firstname.lastname@example.org. All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
You are entitled to equitable distribution of the marital assets. Any asset acquired during the marriage is marital. There are certain exceptions such as personal injury recovery, receipt of a gift or inheritance or owned prior to marriage. The title of the owner is irrelevant in determining if it is marital. Speak with an experienced divorce lawyer in your area for assistance.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
To put this simply, in NY, just because your name doesn't appear on property that your husband acquired during the marriage in his name, does not mean you are not entitled to it.
In fact you could own up to 50% of the property so long as the source of the funds used to purchase it were from earnings during the marriage and not you husband's inheritance or proceeds from a law suit of his.
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