Question #166:My wife and I have been separated for the last year and 6 months and we have a 8 year old son that we share taking care of him. My wife has move into her own apartment while I’m still in the house. I guess my question is I would like to retain the house or if I decided to sale it can I get a little more scene I been paying all the bills for the last 18 months and if there anything I can do to keep the house because we were not married when we first move in the house and she still has the maiden name on the deed.

In order to properly answer your question, I would have to review your Separation Agreement and the judgment of divorce, and any other court orders that may have been issued. You may be entitled to the house. If you are living in the New York City metropolitan area, I strongly suggest that you mediate this matter along with your legal separation and divorce. Please call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions