Q: Parents will begin divorce procedure. All children are adults. The home was originally the parent’s but they transferred ownership to son about 10 years ago. Son wants to ensure mother gets her share but father won’t cooperate. Will transferring ownership to father immediately before filling for divorce help when court does equitable distribution? Will home be split?
A: If the house in question has long-since been in the name of the son, then what the son gives to his mother is up to the son. It’s no longer a matter of the father “not cooperating” as that’s no longer claim which can be raised in the divorce case (unless I’m missing something). Either party to the divorce should be advised to call a Westchester family Law attorney to schedule a consult for a full assessment.