第一,婚后收入是婚姻财产,婚后买的房子也是婚姻财产,不管钱和房子在谁的名下。婚前的房子,如果婚后你有劳动贡献,也是婚姻财产。都参与分配。不知道这些房子的来龙去脉,很难得说的准,但是就你所说,结婚25年,你又做了很多房子的工作,这些房子应该是参与分配的。
第二,参与分配不等于都是对半分,可能你多一点比例,可能他多一点比例,具体比例是多少,在纽约州有一个因素表,很长啊,十六个因素,每个因素都要分析,真正打起官司来很琐碎的。见篇末。
我觉得你们不熟悉法律,不知道自己应拿多少,互相猜忌,很难达成协议。如果不想打官司的话,可以找divorce mediator(离婚协调律师),这个律师是中立者,负责回答你们法律问题,协调你们两个人的谈判,最后帮助你们填表交表等等。这个钱可能还是应该花的。
The 16 Factors Considered in Equitable Distribution
- How much money and property each person had when they got married, and how much they have now.
- How long the marriage lasted and the age and health of both people.
- Whether one person needs to keep the family home or other belongings for the sake of the children.
- Whether one person will lose inheritance or pension benefits because of the divorce.
- Whether one person will lose health insurance because of the divorce.
- Whether one person will get spousal support (alimony) payments from the other.
- Whether one person contributed to the acquisition of property even if they don’t have their name on it (like by being a stay-at-home parent).
- Whether the property is easy to sell (liquid) or harder to sell (non-liquid).
- What the financial situation will be for each person after the divorce?
- Whether it is difficult to put a value on some assets like a business or a professional license.
- How taxes will affect each person’s financial situation.
- Whether either person wasted (spent or lost) assets on purpose during the marriage.
- Whether either person gave away or sold the property for less than it was worth to try to keep it away from the other person in the divorce.
- Whether there was any domestic violence between the two people.
- If the couple has a pet, the court will consider what is best for the pet.
- Any other factors that the court decides are fair and reasonable to consider.