You did not indicate what state you are living in. You also did not indicate when and how you acquired the home. Did you acquire it prior to the marriage with your own money, or did you acquire it during the course of the marriage with money earned during the marriage. Also, how is the […]
You did not indicate what state you are living in. You also did not indicate when and how you acquired the home. Did you acquire it prior to the marriage with your own money, or did you acquire it during the course of the marriage with money earned during the marriage. Also, how is the title to the home held, in your name, in both names?
Assuming, for argument sake, that the home is marital property, I strongly suggest that you work out some kind of agreement regarding how the proceeds of the sale of the home or the ownership of the home will be divided upon divorce prior to your leaving the house, unless there are problems with physical abuse, in which case I would say you should move out immediately. It is more important to protect yourself and your children and deal with the financial division of the home from a safe location.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions