It is really not all that complicated. New York, being an "equitable
distribution" state divides property as follows:
http://www.nydivorceonline.com/nypag...debt%20div.asp
"How property and debts are divided when you get divorced.
If parties agree on all aspects of the divorce, this may include
property division. In cases of fault-based divorce, the judge in New
York will apply the traditional rules of "equitable distribution".
This means that the judge can do whatever he or she thinks is fair.
However, there are broad guidelines relating to the property division.
In marriages of long duration property acquired during the marriage is
generally divided on a 50/50 basis. The ratio would be different for
shorter marriages. The court also considers which party contributed
more assets to the marriage."
Seems fair, I suppose. Without knowing the specifics but based on
your statements that your credit sucks and Suzzy has great credit, it
seems unlikely that the Judge would consider you anything more than a
deadbeat mooch and would award the paltry assets to the victim of this
sham marriage, i.e. Suzzy.
I guess your "tax profile", i.e. penniless debtor, would then
accurately describe your situation in the absence of the Suzzy's
skirts to hide behind from your many unpaid creditors. Who knows?
Without your dead weight in this relationship Suzzy may well afford an
even nicer boat as you comb the ads in Soundings for some abandoned
Buccaneer or boat of similar pedigree.
Sad, really. You really should consider moving to a community
property state as the "equitable" distribution of assets in New York
based on relative contributions is going to screw you big time.
On 17 Jul 2003 13:17:12 GMT,
(Bobsprit) wrote:
She could sell it later today, and you couldn't stop her. Its her
boat. If she died later today, you could not sell the boat. It's NOT
YOUR BOAT.
Our wills say otherwise. My friend's wife sold his plane and he won it back in
court dispite that it was in her name. Are planes somehow different? How about
homes?
You simply don't know marriage law. You own NOTHING on your own if you bought
it while married.
I'm about to buy a classic car and it will also be in her name. It'll be ours.
You seem to have a very strange idea about yours/hers in a marriage. We just
don't think like you do.
Sorry about your situation. And I mean that.
RB