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

Answers:

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.


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