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