I am often asked, what role title plays in equitable distribution or the division of assets in a divorce. Ever since 1980, the State of New York is a state that practices equitable distribution. Prior to that time, if, for example, your husband had the house, the cars, and all of his personal property in his name, it was presumed to be his property.

Since the passage of Equitable Distribution in 1980, title is irrelevant. If you husband owns the house, the cars, the boats, the vacation home, all the bank accounts, if they’re all titled in his name, but they were all earned or purchased during the marriage, all these assets are marital property, and subject equitable distribution.

It is not equal distribution. It’s equitable. I have represented some women that have gotten as much as 72 percent of the value of the assets that needed to be divided. I have represented some men that have only had to pay as little as 26{d7ad8d91dcbc6c5f909cae8a9a63c8e9cbd63938c628b2b59a791ba818aca75d}. In one case, I represented one particular individual, who got 100{d7ad8d91dcbc6c5f909cae8a9a63c8e9cbd63938c628b2b59a791ba818aca75d} of the marital assets. The title is no longer an issue with respect the questions of equitable distribution.

So even if your house is in your spouse’s name, there is still a chance that you get to keep it in the divorce. There are a lot of possibilities that can come about during the equitable distribution process and division of assets so if you are looking for legal counsel, please contact Penichet & Alberga LLP for assistance and we would be happy to help you.

If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.