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.
If you are awarded custody of the child and are the residential parent, the courts will generally allow you to remain in the marital home with the child until the child reaches maturity (i.e., 18). At that time, they may require that the house be sold and the proceeds distributed at that time. I do not believe that the court would force you to sell the house while the child is still so young.
I strongly suggest that you consider mediating rather than litigating your divorce, which will save you much money, time, and aggravation.
If you are located in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter had greater length.
Leonard M. Weiner, Esq./divorce Solutions