As part of any court settlement, if you cannot afford health insurance for your children and yourself, the court will require your husband to provide it, either through his employer, if possible, or through some independent means. If you are unable to work or must tend to the children because they are infants, the court will require your husband to provide you with spousal support. Also, he will be required to provide you with child support for the children and remain with the children in the family residence. The exact amount of support both spousal, and child, will depend on several factors, including your income, if any, his income, and what your total assets are (Statement of Net Worth).
If you feel that you with and or the children are in danger, you should call the police and get an order of protection.
Leonard M.Weiner, Esq./Divorce Solutions
To properly answer your question, I must know whether you are named on the deeds as a joint tenant or tenant in common with your husband. If you are named on the deeds, you are an owner of the property and, as such, have a right to determine whether the property shall be rented are not. Because you have not entered into a legal separation agreement or divorce, you are still entitled to approximately one-half of all of the assets acquired by your husband during your marriage, including this new house upstate. However, as long as you have not been legally separated or divorced, it is the ownership of the property as reflected in the deeds which will determine the rights of the named owners to rent or dispose of the property as they see fit.
If you’re located in the New York City metropolitan area, please call me at 212-370-1660 to make an appointment to discuss the matter and greater length.
Leonard M. Weiner, Esq./Divorce Solution