Q&A

 Hi. I live in NY, have been with my husband for 16 years, and married for 14. The house that we live in was my grandmother’s house, which was passed to my parents. I bought the house for $1 from my parents one month after my marriage, which was a stipulation in their divorce. I have lived in the house my entire life. The deed and the mortgage are both in my name alone. He worked throughout the marriage, but jumped from job to job and hardly contributed any money toward the bills. He spent everything he made on himself and his toys. My question is: What chance do I have to keep the house and not give him anything? There are two children, and they will be staying with me. Thank you for any information you can provide.

Continue Reading...

My husband and I have been married 12 years. I have a 19-year-old daughter and a 15-year-old son from a prior marriage. We have an 11-year-old together. My husband has never contributed monetarily or emotionally to the raising of my two older children. He has also not financially to the expenses of our 11-year-old. The only items he’s contributed to are $800.00 for summer camp and 1/2 of his football tuition (for the first time this year), I alone pay for my daughter’s full-time college tuition/board and expenses. I buy all of the children’s clothing, shoes, spending money, car, etc. My husband pays most of the household bills, and I pay approx. $2000 per month toward the mortgage (he pays about $400). I also buy all the food for the house. I desperately want a divorce and have instituted proceedings 2x’s. We start counseling, and nothing changes. My husband will NOT leave the house, and I am having a tough time handling living w/ him. Can I leave the house with my two children (the oldest is away at school)? I would stay in the same town, so I am not attempting to keep him from his child, I merely cannot live w/ him anymore. Also, I make substantially more than my husband, approximately $136,000 (income and bonus) to his $70,000. My higher salary than his is the reason he gives for the total disparity in the amount of money he contributes. However, due to the difference in our expenses, he has more disposable income than I do. Also, I have made all repairs to the house. He will not pay for anything, and my house is falling into disrepair. Please advise.

Continue Reading...

My divorces become final in August of 2006. My divorce decree states my ex-husband has to transfer the house into my name and remove his name from the house. It also says that he has to transfer the deed into my name within 30 days. As you can see, it is well past 30 days. What can I do to get the house in my name? Also, can I sell the house even if he hasn’t signed the papers to transfer (my name was never on the house) and only use the divorce decree to sell the house?

Continue Reading...

My wife and I moved to Florida from NY State, and shortly after being here, I found that my wife was having an affair with her boss. He owns the real estate office, and she works for him. Now before moving to Florida, we listed the house thru him. Well, needless to say, I’m not on the deed which is not a problem, but the problem comes in is that once he found a buyer, he convinced her to quick deed the property to him so he can sell it four weeks later for a lot more money so that when we go to divorce court, it shows that she made no money on the house. Now my question here also as a licensed broker and having an affair with my wife using his business to help her dispose of a marital asset could he lose his license for that. All allegations can be proven. She quick- deeded the property to him for $252,000, and he sold it five weeks later for 289,900. He is holding on to the monies till our divorce goes is finished. Do I have a criminal case here? Please help me.

Continue Reading...

I live in NY and have two children in the ’20s. My husband was having financial difficulties with his businesses in 2002. Instead of listening to his corporate lawyers’ advice, he left me a note that hinted at suicide and stated that he was leaving, and he just didn’t go. He became a missing person. The police found him four months later 300 miles from our house cooking at a restaurant and hanging out in the bars at night with a group of 20-year-olds
( we are in our 40’s). He left me with no income and an 18-year-old son in college. I had to get a job, and the banks foreclosed on his businesses because none of the companies were in my name and was never involved with them. This forced bankruptcy beyond my control.
I was a fool and took him back but never could trust him, and when I told him how I felt, he said get over it, and he should never have come back. After three years of trying to save the marriage, I realized I would never trust him, and I told him I wanted to separate, and he told me to get out I refused to leave, and one night when I wasn’t home, he locked me out. He would not let me in to get anything. I called the police repeatedly, and they said, get a lawyer and tell the judge there was nothing they could do. So I started staying with a friend and we both hired lawyers. My lawyer requested that I be allowed to get my things, and he responded by saying I took everything, and nothing was at the house that was mine. A month later, we had a flood at the house that flooded the unfinished basement. He now says he sold my things, gave them away, and what was left was ruined by the flood. When we went to court, this information was given to the judge, but he didn’t do anything except order an appraisal on the house and let my husband stay in the house at this time.
Meanwhile, I have nothing except what I had the night he locked me out and a few things I have bought. Before I retained my attorney, he had his lawyer send me a separation agreement that he wanted me to sign and attached to it was a list of my personal property that he was willing to give to me if I signed it. I didn’t feel it was fair, and I wanted my lawyer to look at it, and when he found out I had a lawyer, he said sign it now, or you will never get anything. He would keep saying if you sign the car over to me, I will give you your things. I signed the car over to him and never got anything. Then he said if you give me the dog, I will provide you with your stuff. I gave him the dog and never got anything. I was also paying all of the bills at the house for three months after he locked me out. I cannot keep staying with this friend. I have no furniture, I want the house, and I want to be allowed back in my own home.
⦁ Please help me. My husband has taken everything I own and lived in that house for 23 years, raised my two sons while he was married to his job, and never home, and I have an emotional attachment to it. That house is all I have left of what I have. He has taken everything from me, and no one will help me. All my lawyer is saying is the judge will address it. The appraisal also came in, and he is claiming the flood caused damage to the house, so now it has no equity, but six months ago, he said it had 50 thousand in equity. Only the unfinished basement was flooded, and I think he put in a claim in FEMA. No one will let me into my own house that I have owned and still own for the last 23 years to see what damage there is and if my personal belongings are there. I heard that he is seeing another woman. Can he let her move into our house now? Please help me I feel like I have no rights.

Continue Reading...

I live in upstate New York. We have been married for 8 yrs. We have a prenuptial, I think, is invalid. I had no attorney and was presented the papers ten days before our marriage and never even saw an attorney. There has been documented domestic violence. My husband bought the land with an old house on it before we married. We knocked down the old house after we were married and built a new house in which we have no mortgage. I have paid all the household maintenance bills and contributed to the raw material of the new house. I have recently been put out of work on social security disability never to go back to work, he made 138,000 last years but said I am entitled to nothing. We have no children together. Please advise.

Continue Reading...

We been married for 24 years in Wisconsin; things aren’t going so well anymore in our marriage. I want to get a Legal Separation to see if we can work through our marriage. He came to me saying he wants to sell our home that we have resided in for 19 years and move to Georgia, because the cost of living is cheaper. He knows I’m going for separation, and I think he wants to get a hold of the house money first. What should I do? And can he sell the house during a Legal Separation? Thank You.

Continue Reading...

My mother passed away in 1999, and my father remarried about three years ago. We all live in NYC. My father has a Mitchell lama Co-op apartment that has had since 1986. It’s in his name as are all the bills. He put his wife’s name on the affidavit just in case something were to happen to him. I think you see where I am going with this. If they were to divorce, and I hope they do, would she have a claim to the apartment? They are both retired, and he makes slightly more than she does. If she had to, she would not be able to afford the apartment’s expenses. He would be able to and was doing so before she came into the picture. Please help. Thank you.

Continue Reading...

My wife and I have been separated for 15 months, and we met with a court referee this week. She suggested that the house be put on the market as soon as possible to get the asset’s maximum value. What can I do if she does not put the house on the market? Do I have any recourse? She is going to wait until the last minute. She does not want her life to change at all (except for me). Can any penalties be imposed upon her like less distribution?
·         

Continue Reading...

My wife of 11 years and I have a 27-year old daughter and live in NY. She makes considerably more than I do. I lost my restaurant job in Oct., and she gave me an ultimatum since my career in the arts, and the fact that I can’t land a steady writing job has not taken off. She gave me six months to find a job that pays at least $45,000/year, or I have to leave. The six-month mark is next month, and I haven’t found anything yet. I’m sure if I move out, the next step would be divorce. We are putting our co-op on the market next month. Would I be entitled to a percentage of that sale? If I don’t get a job and my unemployment runs out, ironically, I would have to rely on that for child support payments. And how much child support would I have to pay? Forgive my naiveté, and please keep this anonymous. Thanks so much

Continue Reading...