My family relocated to NY state from PA for my job 5 months ago. I purchased a house in my name only; mortgage and deed are only in my name. If I divorce my husband, does he have any legal rights to this house even though his name is not on anything? Do we have to adhere to Pennsylvania's divorce laws or New York? Is there a separation requirement as well?
According to the law, NY State courts will exercise jurisdiction over a divorce under certain residency requirements, For example, if you were not married in NY State, and you live in NY State for at least 2 years, then you can file for divorce in NY. If you were married in NY and lived here for at least one year, NY State has jurisdiction over the divorce as well. Otherwise you would have to file in Pa. AS to the house you purchased, technically, if you purchased it while married and before an action for divorce started, it qualifies as a marital property and is subject to equitable distribution (not equal). The law is similar in Pa as in NY,
This is a compound question. The short answer is at that time NY will not take jurisdiction. You have to be a resident of NY for 2 years before that will happen (or one year if you and your husband reside here as spouses).
I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship
Since you were not married in NY, and have not lived her for two years, PA has jurisdiction over the marriage/divorce. You should speak to an attorney in PA.
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