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Abandonment in a Divorce: Do You Get the House in New York?
One of the most common questions I get asked is “If my spouse abandoned me do I get the house?” The short answer is no—New York is a no-fault divorce state, meaning abandonment alone does not automatically grant one spouse full ownership of the house. However, the longer answer is more nuanced. Courts do take it into consideration when deciding equitable distribution, particularly when one spouse’s absence significantly impacts the financial well-being of the other.
A key case that highlights this issue is Pritchett v. Pritchett, twenty year old case where Justice Darrell Gavrin of Queens County found that a husband who abandoned his wife for a substantial period effectively forfeited some of his property rights. This case serves as an example of how this can influence property division, even if it doesn’t guarantee sole ownership of the marital home outright.
Understanding Abandonment in New York Divorce Law
In New York, abandonment is one of the fault-based grounds for divorce, but fault rarely affects property distribution in modern divorce cases. It occurs when one spouse leaves voluntarily, without the other’s consent, and without intent to return. It must last for at least one year and be unjustified—meaning there was no legitimate reason (such as abuse or a court order) for leaving.
Realistically, we don’t use this any more, as we now have No Fault Divorce, which is so much easier to prove. I personally, haven’t done fault based divorce in 15 years, since No Fault divorce was adopted in New York. Here’s an article on the New York No Fault Law.
While abandonment can be grounds for a divorce, it does not automatically mean the remaining spouse will be awarded all marital assets, including the home. Instead, the court follows equitable distribution laws, which means assets are divided fairly—not necessarily equally. This is because, marital fault by itself is not a basis to change equitable distribution. (I get asked about adultery a lot too, here’s an article on that.)
However, a long-term abandonment coupled with financial neglect—such as failure to contribute to household expenses or child support—can weigh heavily in favor of the spouse who was left behind.
The Case of Pritchett v. Pritchett: How Abandonment Affected Property Division
Background of the Case
- The Pritchetts married in 1971 and had three children. Their youngest child was born in 1992.
- In 1996, the husband left the marital home in Rosedale, Queens, without leaving contact information.
- The marital home was purchased in 1984 for $85,000 and refinanced in 1994 for $107,000.
- The wife alleged that her husband took $30,000 from the refinanced sum without her consent to pay his personal debts.
- Additionally, when he left, he took another $20,000 in marital assets.
- Despite being employed by the New York City Transit Authority, the husband ceased all financial contributions, including child support and mortgage payments.
The Husband’s Sudden Reappearance
A decade later, in 2006, the husband unexpectedly returned to the marital home. His arrival was dramatic—one of the children called the wife, saying, “Ma, there is someone at the door, I think it is our father.” The husband had left behind a list of addresses but made no attempt to reconcile or contribute financially.
The Court’s Decision
Justice Darrell Gavrin ruled in favor of the wife, granting her exclusive ownership of the home. The decision was based on:
- Financial Abandonment: The husband’s failure to pay child support or contribute to household expenses for over a decade.
- Burden on the Wife: The wife had solely shouldered the financial responsibilities of raising their child and maintaining the home.
- Diminished Contribution of the Husband: The court reasoned that the amount the wife paid in mortgage and child-related expenses exceeded any financial interest the husband had in the home.
The judge explicitly stated:
“The husband’s lack of contribution of any monies for maintenance or child support from March 1996 to the present time is a factor which warrants consideration by this court in determining equitable distribution of the marital residence.”
Since the husband’s financial neglect over the years outweighed his claim to the property, the court awarded the house entirely to the wife.
Lessons from Pritchett v. Pritchett: When Abandonment Affects Property Rights
The key takeaway from this case is that while abandonment alone does not result in one spouse receiving the house, financial abandonment can significantly impact equitable distribution. If a spouse leaves for an extended period without financial support, the court may decide that their lack of contribution outweighs their claim to marital assets.
Factors that courts consider include:
? Duration of the abandonment – The longer the absence, the stronger the argument for financial abandonment.
? Financial support – If the abandoning spouse fails to contribute to child support, mortgage payments, or household expenses, it may be used against them.
? Marital debts – If the abandoning spouse took marital assets or incurred debts without consent, courts may adjust property division accordingly.
? Impact on the remaining spouse – If one spouse is left to shoulder all financial burdens, the court may compensate them by awarding them a larger share of marital property.
Does This Mean You Automatically Get the House If Your Spouse Abandons You?
No, abandonment does not guarantee sole ownership of the marital home. New York follows equitable distribution laws, meaning courts divide assets fairly based on each party’s financial and non-financial contributions. However, abandonment can be a significant factor if it causes financial hardship to the remaining spouse.
My experience as a lawyer? In almost 38 years of practice, I’ve had one case similar to Pritchett. In my case, the husband left the wife with 5 kids. She had to chase him for child support in the Family Court. Even then, she had to file enforcement actions. She suffered a heart attack, a foreclosure and a bankruptcy, but somehow managed to keep the house, and raise the kids.
Twenty years later, Mr. Wonderful resurfaces because he wanted his share of the house. I was prepared for a two day trial. Just before the trial started, the late Judge Blydenburgh called the attorneys into the chambers. He asked me what my case was about, and I told him. He then gave me explicit directions on what he was looking for. The trial last 30 minutes and my client got the house.
The take away from the Pritchett case and my case is that bar on abandonment is really high.
If you find yourself in a situation where your spouse has abandoned you, here’s what you should do:
- Document Everything – Keep records of any financial hardships caused by your spouse’s absence, including mortgage payments, child expenses, and utility bills.
- File for Child Support – Even if your spouse is absent, they are still legally obligated to support their children.
- Consult an Attorney – A family law attorney can help determine if abandonment can be used as a factor in property division.
- Request Exclusive Possession of the Marital Home – If your spouse has been absent for a significant period and has failed to contribute financially, you may have grounds to seek full ownership.
Conclusion: Abandonment and Property Division in New York Divorce
While abandonment does not automatically entitle one spouse to the house, it can impact equitable distribution, particularly when financial abandonment is involved. The case of Pritchett v. Pritchett as well as my experience illustrates that when a spouse disappears for a prolonged period, refuses to provide financial support, and leaves the other spouse to bear the full financial burden, courts may award a greater share—or even full ownership—of the marital home to the spouse who remained.
If you believe abandonment is a factor in your divorce, please call Port and Sava, (516) 352-2999, ask for me, Gary Port, and I’ll give you a free 15 minute telephone consultation.
