Jun 27, 2020
I live in New York State and have been married 15 years. My husband informed me he is leaving. We purchased a home during the marriage, which has very little equity in it. We have one daughter who is eight years old. I would like to assume the remaining mortgage and have him sign off on the deed to the house. Can he force me to sell the home? What protection do I have? What are my legal rights for keeping the house? Thank you.
Continue Reading...Jun 27, 2020
My husband and I are separating after 16 years of marriage. We purchased a home 11 years ago. Both names are on the mortgage. He is responsible for the mortgage payments, and I am for all the utilities. I have been looking into buy a home for myself since he does not want to leave this one. If i purchase property will he be entitled to any portion of it. Also, if i file a quitclaim deed on our joint home will i be entitled to 1/2 the equity that is in it. He told me that he wasn’t giving me anything and just to go!! Thank you kindly for your response.
Continue Reading...Jun 27, 2020
Myfiance and I reside in NYS. My name is NOT currently on the deed…he bought the home before we met (though I am paying a portion of the mortgage). We’re getting married next year, for some reason we get a divorce, do I automatically get 1/2 the house because we were married or does my name HAVE to be on the deed? He and I recently had this discussion, and I thought, according to NYS law, that as a married couple, 1/2 is yours when it came to divorce…please let me know. He is, however, planning on adding my name to the deed. We also aren’t planning on a divorce, but it’s good to know the details before walking down the aisle!
Continue Reading...Jun 27, 2020
My husband and I have been married for five years. He has owned the house we are living in for the past 18 years. One year ago, he placed my name on the deed, and we refinanced the house. I am the sole mortgage holder, and money that was borrowed was put into a joint bank account. My husband now wants a divorce. Am I entitled to half the house as well as half the money in the joint account?
Continue Reading...Jun 27, 2020
My wife and I separated and divorced about 12 years ago (uncontested). While married, we purchased a co-op apartment in Brooklyn, N.Y. After moving into the apartment for about two years, she moved out taking our two small children with her (paying child support), She was having an affair. I remained in the apartment, assuming all financial responsibilities. About a year ago, I moved to Connecticut for job purposes since I lost my job in New York City. I decided to sell my apartment and found a buyer willing to pay me a considerable amount. My former wife never expressed any interest in the property, never paid towards the mortgage or maintenance, or any upkeep. I informed her that I would need her to approve the sale since her name is still on the documents. While I was looking for a buyer, she never expressed her opinion, never said she would not sign, and so on. Suddenly she gets an attorney who is demanding 50% of the net proceeds. I am about to lose the buyers because of her actions. I offered her $25,000 she is demanding at least $50,000, half of the net sale price. I am hoping I can still sell the apartment and then sue her for her share of the costs, which is about $55,000. In summary, she lived in the apartment for about two years, after she moved out in 1990 she never made any payments for 13 years. Please any advice that you can give me would be much appreciated. Thank You
Continue Reading...Jun 27, 2020
My husband and I have been married for seven months and are already discussing divorce. We should not be married to each other. My question is, His parents offered to help us by paying for the wedding or by getting us into a house. We opted for the house, and it was purchased. The mortgage is in his parents’ names as well as his. He led me to believe that once we were married that he would add my name to the deed, but he did not add it. I changed my mind about having children(don’t want to), and that is why we are discussing the idea. I have contributed to half of the financial responsibility, but I am not on the deed. Should I stop contributing? The insurance policy, however, lists me as the primary insured. I have been contributing half of the payments to the mortgage, even though my name is not on the deed. I am wondering if I have any entitlement to the property. We have made improvements to the house during our engagement and were led to believe that the house downpayment was a “wedding gift.” Who gives a gift to just the groom? Anyway, the house has increased in value. If we sell, am I entitled to the money at all, or only the increased value, to all of it, or none of it?
Continue Reading...Jun 27, 2020
My husband and I have been married for ten years. We live in Manhattan, New York City, and have two children, ages 5 and 7. I have been the primary provider for the family and make about $80,000 a year. My husband makes about $20,000 a year. During our marriage, he completed a Ph.D. while I worked full time, and had promised to contribute more after finishing, but four years later, he has not got a better paying job. We bought a coop apartment that is worth about $400,000 more now than when we bought it. My family gave us the money for the down payment, and I have made all the mortgage payments since, but both our names are on the papers. My family also gave us about $40,000 in stocks that we have had to sell. We have no money in savings. We now both want to get separated or divorced. My husband wants to sell the apartment and divide up the profit equally. I do not want to move and would not be able to afford a similar place to move with the children, who would certainly stay with me. Renting a similar home would cost about twice as much as I am paying monthly, and would be a waste of all the profits from the house, in my opinion. I would be willing to refinance the apartment and give him money to get himself started, but not $200,000, and I think he will not agree to that. Would I be forced to sell my apartment?
Continue Reading...Jun 27, 2020
I and my wife live in Virginia. We have two underage children, and we own our own home. I have several questions. I want to pursue having a legal separation. My wife and I don’t have any animosity toward one another, so we want to do this as cheaply as possible, but we do want to ensure our interests and our children’s interests are protected. I will be moving out of our joint home (as a residence), but we still want me to maintain joint ownership of the house (as property). Is this possible? We don’t want to sell our home because we wish my wife and the kids to continue to live there. Also, the house is my primary investment in my future, and I don’t want to give it up, and my wife is okay with this. Neither of us can afford to buy our share of the home from the other. Also, I am bisexual and will likely pursue an intimate relationship with a man after my wife and I legally separate.
• My wife understands and accepts this. But, if I did so, would I be violating a legal separation agreement? One of our goals for the legal separation is so that I can explore in this area of my life. If a legal separation prohibits sexual contact with another person (in my case, a male), what do I do? Finally, I am in the Will of an elderly relative to receive a small inheritance. It seems greedy, but my wife has more resources than I do, and I would like to see that I receive the full small inheritance when that time comes. Would a legal separation ensure that it would go entirely to me, or would I still need to split the small inheritance with my wife? I want to do what’s right, but given my financial circumstances, I’m not in a position to do more than what’s right.
Jun 27, 2020
My husband and I own two homes in two different states just recently he changed the locks on the second house. Can he legally do this without my knowledge? I asked him what he was doing at the house, and he said he was just checking on things. Do I legally have the right to call a locksmith and enter the home? He hasn’t mentioned he wants a divorce, but all his actions tell me differently. At this point, I do not believe he has contacted an attorney, but I just want to make sure I go about things properly.
Continue Reading...Jun 27, 2020
Right now, my wife and I are still married, but my wife doesn’t want to be with me. We bought a house while we were married in New York State. All the assets, including the house, are in my name. Is it possible to sell my house without splitting the money of the house even though the deed is in my name? Would it also matter if there are no divorce papers yet? I am the one who pays all the bills for the house and maintains it; will my wife still get 1/2? If I can prove this, will this stand up in court? Are there any other legal issues regarding the house that I should be aware of? Thank you for all your help. I appreciate all the information you can provide.
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