Legal Question in Credit and Debt Law in New York

If I got my daughter to do an affidavit that she lives in long island, NY and north Carolina, and she is keeping my residence as her home when she comes back here, will that stop the judge making me sell my house to give my ex his money now that she has left the home.


Asked on 11/10/11, 12:27 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Not nearly enough information here. What's the procedural setting? Does the divorce decree say you can reside in the family home as long as your daughter does? Is this coming before the court on a motion to compel the sale of the home? Then an affidavit will be fine, but it should state that while your daughter attends school in NC, Long Island is her domicile. The difference between residence and domicile is the intention to return. You may be living anywhere but you intend to return to your domicile. It would help if your daughter is paying out-of-state tuition and shows Long Island as her permanent residence on the college's records. She should get a copy of those records and put that with the affidavit.

Don't you have an attorney any more?

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Answered on 11/11/11, 12:24 pm


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