Legal Question in Family Law in New York
When a condo has both the husband and the wife on the deed, but the mortgage is solely on the husband, does the husband have any rights that accompany his obligation to pay the mortage?
How will the answer look like if the husband is on a long term disability while his wife who used to earn big salary chooses to stay home with the children and she files for divorce?
1 Answer from Attorneys
Your question is a complicated and compound question.
First, it is irrelivant if the wife's name is on the mortgage. If it is on the deed, or even if it isn't but was purchased during the marriage with marital assets it is covered under equitable distribution. With her name on the deed, it is half hers.
As for the disability and earning potential, that is a question that has to be covered in the divorce under equitable distribution and is too complicated to be answered in this forum.
You should immediately seek the advise of an experienced matrimonial attorney to determine the bes tway to go forward and protect yourself.
If you wish to have a free consultation, you can contact my office at 516.746.4747 or at [email protected]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
