If my wife abandoned our marriage and children, what right does she have to our kids and the property after 5 years?

Asked on August 13, 2012 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  Her actions will not alter her rights to property distribution or the children at the outset.  Meaning that the laws will allow her to make claims to both.  But her actions could be used by you to show intent in her lack of interest in the kids, etc.    As for property, if you have been paying the mortgage, etc. for the last 5 years with out contribution then you are entitled to a set off. Seek legal help here.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.