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My husband and I want to divorce. Will property division be the same as any divorce even though we have never lived together?

New York, NY |

My husband and I have separate legal residences in New York City, having never lived together. We have one joint asset, a second home where one portion of it is rented for income. I hope to buy out the second home with a new co-owner (my husband does not want the property). We have no other joint property and keep all other finances separate. By having never lived together, is there a way to avoid division of what we have deemed our own assets/liabilities during marriage or will we need to put it all on the table regardless of this living situation? Are there any advantages of our separate living arrangement in terms of divorce negotiation?

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Attorney answers 5


On a technical level, any property or assets accrued during the marriage are marital property subject to division. That said, if you bought property with "your money" and he never resided with you, that absolutely is something which may be factored into settlement negotiation. In any event, I do advise you to call a NYC Divorce lawyer to schedule a follow-up consultation.

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That depends - but probably. Mr. Bliven's answer was quite accurate.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.


If you and your husband are in agreement, you can divide your assets any way you want. If you are not in agreement, a court will decide. Assets are divided by "equitable distribution" in New York. Equitable distribution means a fair distribution. If you have always maintained separate finances and assets, you have a strong argument that the court should divide assets they way you are proposing. That does not, however, mean that the court will agree. A judge could decided that some other division is more equitable.


It sounds like you should consult an attorney and have that attorney reach out to your spouse suggesting that his attorney contact yours. You would then be able to enter into an agreement without the need to go to Court and simply file for an uncontested divorce.


It sounds as though you may be able to proceed uncontestes. That said, however, you need to be apprised of NY Law as it relates to property distribution during divorce. I strongly urge you to seek the advice of a local matrimonial attorney to discuss your options and specifics of your case. Please let me know if I can be of further assistance.

Law Offices of Richard Batelman
Richard Batelman, Esq.
(718) 336- 1456