Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #128:


I live in NY,married 7yrs,children 6 & 3-stay at home mom for 3 years.

I will have custody of children,we are all living in our current home.

My husband wants the divorce & does not want to move out,he wants to buy me out of home.

Do I legally have the right to stay in our home with children and have him move out . Alot of people tell me that I can stay in home with children.

Will he have to pay mortgage & taxes ??



Answer:




Answer:


Since the children are so young, if you were selected by the court as the residential parent, the court would allow you to remain in the marital home until the youngest child reaches majority, which is 18 years of age. Whether your husband would be required to pay for the mortgage and taxes would depend on your relative incomes. If he has been and continues to be the sole provider then he will be required to provide not only child support but some form of spousal support to you as well until you are able to get on your feet and acquire the professional skills to become self-supporting.


If you're living in the New York City metropolitan area, I strongly suggest you call me to discuss mediating your divorce. My number is 212-370-1660. In mediation and you'll be able to resolve these issues together with your spouse and the quiet of my office instead of having to spend hours a sitting in the courtroom corridors and having a judge impose a settlement upon you . court.




Leonard M. Weiner, Esq./Divorce Solution
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